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Rep. Lou Lang
Filed: 11/26/2014
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1 | | AMENDMENT TO SENATE BILL 3028
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2 | | AMENDMENT NO. ______. Amend Senate Bill 3028 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Compassionate Use of Medical Cannabis Pilot |
5 | | Program Act is amended by changing Sections 15, 35, 65, 95, |
6 | | 105, 110, 115, 120, 140, 145, 150, 165, 175, and 185 as |
7 | | follows: |
8 | | (410 ILCS 130/15) |
9 | | (Section scheduled to be repealed on January 1, 2018)
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10 | | Sec. 15. Authority.
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11 | | (a) It is the duty of the Department of Public Health to |
12 | | enforce the following provisions of this Act unless otherwise |
13 | | provided for by this Act: |
14 | | (1) establish and maintain a confidential registry of |
15 | | qualifying patients authorized to engage in the medical use |
16 | | of cannabis and their caregivers;
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1 | | (2) distribute educational materials about the health |
2 | | risks associated with the abuse of cannabis and |
3 | | prescription medications;
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4 | | (3) adopt rules to administer the patient and caregiver |
5 | | registration program; and
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6 | | (4) adopt rules establishing food handling |
7 | | requirements for cannabis-infused products that are |
8 | | prepared for human consumption.
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9 | | (b) It is the duty of the Department of Agriculture to |
10 | | enforce the provisions of this Act relating to the registration |
11 | | and oversight of cultivation centers unless otherwise provided |
12 | | for in this Act.
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13 | | (c) It is the duty of the Department of Financial and |
14 | | Professional Regulation to enforce the provisions of this Act |
15 | | relating to the registration and oversight of dispensing |
16 | | organizations unless otherwise provided for in this Act.
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17 | | (d) The Department of Public Health, the Department of |
18 | | Agriculture, or the Department of Financial and Professional |
19 | | Regulation shall enter into intergovernmental agreements, as |
20 | | necessary, to carry out the provisions of this Act including, |
21 | | but not limited to, the provisions relating to the registration |
22 | | and oversight of cultivation centers, dispensing |
23 | | organizations, and qualifying patients and caregivers.
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24 | | (e) The Department of Public Health, Department of |
25 | | Agriculture, or the Department of Financial and Professional |
26 | | Regulation may suspend , or revoke , or impose other penalties |
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1 | | upon a registration for violations of this Act and any rules |
2 | | adopted in accordance thereto. The suspension or revocation of , |
3 | | or imposition of any other penalty upon a registration is a |
4 | | final Agency action, subject to judicial review. Jurisdiction |
5 | | and venue for judicial review are vested in the Circuit Court.
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6 | | (Source: P.A. 98-122, eff. 1-1-14.) |
7 | | (410 ILCS 130/35) |
8 | | (Section scheduled to be repealed on January 1, 2018)
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9 | | Sec. 35. Physician requirements.
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10 | | (a) A physician who certifies a debilitating medical |
11 | | condition for a qualifying patient shall comply with all of the |
12 | | following requirements:
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13 | | (1) The Physician shall be currently licensed under the |
14 | | Medical Practice Act of 1987 to practice medicine in all |
15 | | its branches and in good standing, and must hold a |
16 | | controlled substances license under Article III of the |
17 | | Illinois Controlled Substances Act.
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18 | | (2) A physician making a medical cannabis |
19 | | recommendation shall comply with generally accepted |
20 | | standards of medical practice, the provisions of the |
21 | | Medical Practice Act of 1987 and all applicable rules.
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22 | | (3) The physical examination required by this Act may |
23 | | not be performed by remote means, including telemedicine.
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24 | | (4) The physician shall maintain a record-keeping |
25 | | system for all patients for whom the physician has |
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1 | | recommended the medical use of cannabis. These records |
2 | | shall be accessible to and subject to review by the |
3 | | Department of Public Health and the Department of Financial |
4 | | and Professional Regulation upon request.
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5 | | (b) A physician may not:
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6 | | (1) accept, solicit, or offer any form of remuneration |
7 | | from or to a qualifying patient, primary caregiver, |
8 | | cultivation center, or dispensing organization, including |
9 | | each principal officer, board member, agent, and employee , |
10 | | to certify a patient, other than accepting payment from a |
11 | | patient for the fee associated with the required |
12 | | examination required prior to certifying a qualifying |
13 | | patient ; |
14 | | (2) offer a discount of any other item of value to a |
15 | | qualifying patient who uses or agrees to use a particular |
16 | | primary caregiver or dispensing organization to obtain |
17 | | medical cannabis;
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18 | | (3) conduct a personal physical examination of a |
19 | | patient for purposes of diagnosing a debilitating medical |
20 | | condition at a location where medical cannabis is sold or |
21 | | distributed or at the address of a principal officer, |
22 | | agent, or employee or a medical cannabis organization;
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23 | | (4) hold a direct or indirect economic interest in a |
24 | | cultivation center or dispensing organization if he or she |
25 | | recommends the use of medical cannabis to qualified |
26 | | patients or is in a partnership or other fee or |
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1 | | profit-sharing relationship with a physician who |
2 | | recommends medical cannabis , except for the limited |
3 | | purpose of performing a medical cannabis related research |
4 | | study ;
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5 | | (5) serve on the board of directors or as an employee |
6 | | of a cultivation center or dispensing organization;
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7 | | (6) refer patients to a cultivation center, a |
8 | | dispensing organization, or a registered designated |
9 | | caregiver;
or |
10 | | (7) advertise in a cultivation center or a dispensing |
11 | | organization.
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12 | | (c) The Department of Public Health may with reasonable |
13 | | cause refer a physician, who has certified a debilitating |
14 | | medical condition of a patient, to the Illinois Department of |
15 | | Financial and Professional Regulation for potential violations |
16 | | of this Section.
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17 | | (d) Any violation of this Section or any other provision of |
18 | | this Act or rules adopted under this Act is a violation of the |
19 | | Medical Practice Act of 1987.
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20 | | (Source: P.A. 98-122, eff. 1-1-14.) |
21 | | (410 ILCS 130/65) |
22 | | (Section scheduled to be repealed on January 1, 2018)
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23 | | Sec. 65. Denial of registry identification cards. |
24 | | (a) The Department of Public Health may deny an application |
25 | | or renewal of a qualifying patient's registry identification |
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1 | | card only if the applicant:
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2 | | (1) did not provide the required information and |
3 | | materials;
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4 | | (2) previously had a registry identification card |
5 | | revoked;
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6 | | (3) did not meet the requirements of this Act; or
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7 | | (4) provided false or falsified information.
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8 | | (b) No person who has been convicted of a felony under the |
9 | | Illinois Controlled Substances Act, Cannabis Control Act, or |
10 | | Methamphetamine Control and Community Protection Act, or |
11 | | similar provision in a local ordinance or other jurisdiction is |
12 | | eligible to receive a registry identification card.
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13 | | (c) The Department of Public Health may deny an application |
14 | | or renewal for a designated caregiver chosen by a qualifying |
15 | | patient whose registry identification card was granted only if:
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16 | | (1) the designated caregiver does not meet the |
17 | | requirements of subsection (i) of Section 10;
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18 | | (2) the applicant did not provide the information |
19 | | required;
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20 | | (3) the prospective patient's application was denied;
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21 | | (4) the designated caregiver previously had a registry |
22 | | identification card revoked; or
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23 | | (5) the applicant or the designated caregiver provided |
24 | | false or falsified information.
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25 | | (d) The Department of Public Health through the Department |
26 | | of State Police shall conduct a background check of the |
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1 | | prospective qualifying patient and designated caregiver in |
2 | | order to carry out this Section. The Department of State Police |
3 | | shall charge a fee for conducting the criminal history record |
4 | | check, which shall be deposited in the State Police Services |
5 | | Fund and shall not exceed the actual cost of the record check. |
6 | | Each person applying as a qualifying patient or a designated |
7 | | caregiver shall submit a full set of fingerprints to the |
8 | | Department of State Police for the purpose of obtaining a state |
9 | | and federal criminal records check. These fingerprints shall be |
10 | | checked against the fingerprint records now and hereafter, to |
11 | | the extent allowed by law, filed in the Department of State |
12 | | Police and Federal Bureau of Investigation criminal history |
13 | | records databases. The Department of State Police shall |
14 | | furnish, following positive identification, all Illinois |
15 | | conviction information to the Department of Public Health. The |
16 | | Department of Public Health may waive the submission of a |
17 | | qualifying patient's complete fingerprints based on (1) the |
18 | | severity of the patient's illness and (2) the inability of the |
19 | | qualifying patient to supply those fingerprints, provided that |
20 | | a complete criminal background check is conducted by the |
21 | | Department of State Police prior to the issuance of a registry |
22 | | identification card. The Department of Public Health through |
23 | | the Illinois State Police shall conduct a background check of |
24 | | the prospective qualifying patient and designated caregiver in |
25 | | order to carry out this provision. The Department of State |
26 | | Police shall be reimbursed for the cost of the background check |
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1 | | by the Department of Public Health. Each person applying as a |
2 | | qualifying patient or a designated caregiver shall submit a |
3 | | full set of fingerprints to the Department of Public Health for |
4 | | the purpose of obtaining a state and federal criminal records |
5 | | check. The Department of Public Health may exchange this data |
6 | | with the Department of State Police or the Federal Bureau of |
7 | | Investigation without disclosing that the records check is |
8 | | related to this Act. The Department of Public Health shall |
9 | | destroy each set of fingerprints after the criminal records |
10 | | check is completed.
The Department of Public Health may waive |
11 | | the submission of a qualifying patient's complete fingerprints |
12 | | based on (1) the severity of the patient's illness and (2) the |
13 | | inability of the qualifying patient to obtain those |
14 | | fingerprints, provided that a complete criminal background |
15 | | check is conducted by the Department of State Police prior to |
16 | | the issuance of a registry identification card. |
17 | | (e) The Department of Public Health shall notify the |
18 | | qualifying patient who has designated someone to serve as his |
19 | | or her designated caregiver if a registry identification card |
20 | | will not be issued to the designated caregiver.
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21 | | (f) Denial of an application or renewal is considered a |
22 | | final Department action, subject to judicial review. |
23 | | Jurisdiction and venue for judicial review are vested in the |
24 | | Circuit Court.
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25 | | (Source: P.A. 98-122, eff. 1-1-14.) |
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1 | | (410 ILCS 130/95) |
2 | | (Section scheduled to be repealed on January 1, 2018)
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3 | | Sec. 95. Background checks. |
4 | | (a) The Department of Agriculture through the Department of |
5 | | State Police shall conduct a background check of the |
6 | | prospective cultivation center agents. The Department of State |
7 | | Police shall charge a fee for conducting the criminal history |
8 | | record check, which shall be deposited in the State Police |
9 | | Services Fund and shall not exceed the actual cost of the |
10 | | record check. In order to carry out this provision, each person |
11 | | applying as a cultivation center agent shall submit a full set |
12 | | of fingerprints to the Department of State Police for the |
13 | | purpose of obtaining a State and federal criminal records |
14 | | check. These fingerprints shall be checked against the |
15 | | fingerprint records now and hereafter, to the extent allowed by |
16 | | law, filed in the Department of State Police and Federal Bureau |
17 | | of Investigation criminal history records databases. The |
18 | | Department of State Police shall furnish, following positive |
19 | | identification, all Illinois conviction information to the |
20 | | Department of Agriculture. The Department of Agriculture |
21 | | through the Department of State Police shall conduct a |
22 | | background check of the prospective cultivation center agents. |
23 | | The Department of State Police shall be reimbursed for the cost |
24 | | of the background check by the Department of Agriculture. In |
25 | | order to carry out this provision, each person applying as a |
26 | | cultivation center agent shall submit a full set of |
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1 | | fingerprints to the Department of Agriculture for the purpose |
2 | | of obtaining a State and federal criminal records check. The |
3 | | Department of Agriculture may exchange this data with the |
4 | | Department of State Police and the Federal Bureau of |
5 | | Investigation without disclosing that the records check is |
6 | | related to this Act. The Department of Agriculture shall |
7 | | destroy each set of fingerprints after the criminal records |
8 | | check is complete.
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9 | | (b) When applying for the initial permit, the background |
10 | | checks for the principal officer, board members, and registered |
11 | | agents shall be completed prior to submitting the application |
12 | | to the Department of Agriculture.
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13 | | (Source: P.A. 98-122, eff. 1-1-14.) |
14 | | (410 ILCS 130/105) |
15 | | (Section scheduled to be repealed on January 1, 2018)
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16 | | Sec. 105. Requirements; prohibitions; penalties for |
17 | | cultivation centers. |
18 | | (a) The operating documents of a registered cultivation |
19 | | center shall include procedures for the oversight of the |
20 | | cultivation center, a cannabis plant monitoring system |
21 | | including a physical inventory recorded weekly, a cannabis |
22 | | container system including a physical inventory recorded |
23 | | weekly, accurate record keeping, and a staffing plan.
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24 | | (b) A registered cultivation center shall implement a |
25 | | security plan reviewed by the State Police and including but |
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1 | | not limited to: facility access controls, perimeter intrusion |
2 | | detection systems, personnel identification systems, 24-hour |
3 | | surveillance system to monitor the interior and exterior of the |
4 | | registered cultivation center facility and accessible to |
5 | | authorized law enforcement and the Department of Agriculture |
6 | | Financial and Professional Regulation in real-time.
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7 | | (c) A registered cultivation center may not be located |
8 | | within 2,500 feet of the property line of a pre-existing public |
9 | | or private preschool or elementary or secondary school or day |
10 | | care center, day care home, group day care home, part day child |
11 | | care facility, or an area zoned for residential use. |
12 | | (d) All cultivation of cannabis for distribution to a |
13 | | registered dispensing organization must take place in an |
14 | | enclosed, locked facility as it applies to cultivation centers |
15 | | at the physical address provided to the Department of |
16 | | Agriculture during the registration process. The cultivation |
17 | | center location shall only be accessed by the cultivation |
18 | | center agents working for the registered cultivation center, |
19 | | Department of Agriculture staff performing inspections, |
20 | | Department of Public Health staff performing inspections, law |
21 | | enforcement or other emergency personnel, and contractors |
22 | | working on jobs unrelated to medical cannabis, such as |
23 | | installing or maintaining security devices or performing |
24 | | electrical wiring.
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25 | | (e) A cultivation center may not sell or distribute any |
26 | | cannabis to any individual or entity other than a dispensary |
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1 | | organization registered under this Act.
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2 | | (f) All harvested cannabis intended for distribution to a |
3 | | dispensing organization must be packaged in a labeled medical |
4 | | cannabis container and entered into a data collection system.
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5 | | (g) No person who has been convicted of an excluded offense |
6 | | may be a cultivation center agent.
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7 | | (h) Registered cultivation centers are subject to random |
8 | | inspection by the State Police.
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9 | | (i) Registered cultivation centers are subject to random |
10 | | inspections by the Department of Agriculture and the Department |
11 | | of Public Health.
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12 | | (j) A cultivation center agent shall notify local law |
13 | | enforcement, the State Police, and the Department of |
14 | | Agriculture within 24 hours of the discovery of any loss or |
15 | | theft. Notification shall be made by phone or in-person, or by |
16 | | written or electronic communication.
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17 | | (k) A cultivation center shall comply with all State and |
18 | | federal rules and regulations regarding the use of pesticides.
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19 | | (Source: P.A. 98-122, eff. 1-1-14.) |
20 | | (410 ILCS 130/110) |
21 | | (Section scheduled to be repealed on January 1, 2018)
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22 | | Sec. 110. Suspension ; revocation ; other penalties for |
23 | | cultivation centers and agents of a registration . |
24 | | Notwithstanding any other criminal penalties related to |
25 | | the unlawful possession of cannabis, the Department of |
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1 | | Agriculture may revoke, suspend, place on probation, |
2 | | reprimand, issue cease and desist orders, refuse to issue or |
3 | | renew a registration, or take any other disciplinary or |
4 | | non-disciplinary action as the Department of Agriculture may |
5 | | deem proper with regard to a registered cultivation center or |
6 | | cultivation center agent, including imposing fines not to |
7 | | exceed $50,000 for each violation, for any violations of this |
8 | | Act and rules adopted under this Act. The procedures for |
9 | | disciplining a registered cultivation center or cultivation |
10 | | center agent and for administrative hearings shall be |
11 | | determined by rule. All final administrative decisions of the |
12 | | Department of Agriculture are subject to judicial review under |
13 | | the Administrative Review Law and its rules. The term |
14 | | "administrative decision" is defined as in Section 3-101 of the |
15 | | Code of Civil Procedure. (a) The Department of Agriculture may |
16 | | suspend or revoke a registration for violations of this Act and |
17 | | rules issued in accordance with this Section.
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18 | | (b) The suspension or revocation of a certificate is a |
19 | | final Department of Agriculture action, subject to judicial |
20 | | review. Jurisdiction and venue for judicial review are vested |
21 | | in the Circuit Court.
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22 | | (Source: P.A. 98-122, eff. 1-1-14.) |
23 | | (410 ILCS 130/115) |
24 | | (Section scheduled to be repealed on January 1, 2018)
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25 | | Sec. 115. Registration of dispensing organizations. |
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1 | | (a) The Department of Financial and Professional |
2 | | Regulation may issue up to 60 dispensing organization |
3 | | registrations for operation. The Department of Financial and |
4 | | Professional Regulation may not issue less than the 60 |
5 | | registrations if there are qualified applicants who have |
6 | | applied with the Department of Financial and Professional |
7 | | Regulation. The organizations shall be geographically |
8 | | dispersed throughout the State to allow all registered |
9 | | qualifying patients reasonable proximity and access to a |
10 | | dispensing organization.
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11 | | (b) A dispensing organization may only operate if it has |
12 | | been issued a registration from the Department of Financial and |
13 | | Professional Regulation. The Department of Financial and |
14 | | Professional Regulation shall adopt rules establishing the |
15 | | procedures for applicants for dispensing organizations.
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16 | | (c) When applying for a dispensing organization |
17 | | registration, the applicant shall submit, at a minimum, the |
18 | | following in accordance with Department of Financial and |
19 | | Professional Regulation rules:
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20 | | (1) a non-refundable application fee established by |
21 | | rule;
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22 | | (2) the proposed legal name of the dispensing |
23 | | organization;
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24 | | (3) the proposed physical address of the dispensing |
25 | | organization;
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26 | | (4) the name, address, and date of birth of each |
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1 | | principal officer and board member of the dispensing |
2 | | organization, provided that all those individuals shall be |
3 | | at least 21 years of age;
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4 | | (5) information, in writing, regarding any instances |
5 | | in which a business or not-for-profit that any of the |
6 | | prospective board members managed or served on the board |
7 | | was convicted, fined, censured, or had a registration |
8 | | suspended or revoked in any administrative or judicial |
9 | | proceeding;
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10 | | (6) proposed operating by-laws that include procedures |
11 | | for the oversight of the medical cannabis dispensing |
12 | | organization and procedures to ensure accurate record |
13 | | keeping and security measures that are in accordance with |
14 | | the rules applied by the Department of Financial and |
15 | | Professional Regulation under this Act. The by-laws shall |
16 | | include a description of the enclosed, locked facility |
17 | | where medical cannabis will be stored by the dispensing |
18 | | organization; and
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19 | | (7) signed statements from each dispensing |
20 | | organization agent stating that they will not divert |
21 | | medical cannabis.
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22 | | (d) The Department of Financial and Professional |
23 | | Regulation shall conduct a background check of the prospective |
24 | | dispensing organization agents in order to carry out this |
25 | | Section. The Department of State Police shall charge a fee for |
26 | | conducting the criminal history record check, which shall be |
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1 | | deposited in the State Police Services Fund and shall not |
2 | | exceed the actual cost of the record check. Each person |
3 | | applying as a dispensing organization agent shall submit a full |
4 | | set of fingerprints to the Department of State Police for the |
5 | | purpose of obtaining a state and federal criminal records |
6 | | check. These fingerprints shall be checked against the |
7 | | fingerprint records now and hereafter, to the extent allowed by |
8 | | law, filed in the Department of State Police and Federal Bureau |
9 | | of Investigation criminal history records databases. The |
10 | | Department of State Police shall furnish, following positive |
11 | | identification, all Illinois conviction information to the |
12 | | Department of Financial and Professional Regulation. The |
13 | | Department of Financial and Professional Regulation shall |
14 | | conduct a background check of the prospective dispensing |
15 | | organization agents in order to carry out this provision. The |
16 | | Department of State Police shall be reimbursed for the cost of |
17 | | the background check by the Department of Financial and |
18 | | Professional Regulation. Each person applying as a dispensing |
19 | | organization agent shall submit a full set of fingerprints to |
20 | | the Department of Financial and Professional Regulation for the |
21 | | purpose of obtaining a state and federal criminal records |
22 | | check. The Department of Financial and Professional Regulation |
23 | | may exchange this data with the Department of State Police and |
24 | | the Federal Bureau of Investigation without disclosing that the |
25 | | records check is related to this Act. The Department of |
26 | | Financial and Professional Regulation shall destroy each set of |
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1 | | fingerprints after the criminal records check is completed.
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2 | | (e) A dispensing organization must pay a registration fee |
3 | | set by the Department of Financial and Professional Regulation.
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4 | | (f) An application for a medical cannabis dispensing |
5 | | organization registration must be denied if any of the |
6 | | following conditions are met:
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7 | | (1) the applicant failed to submit the materials |
8 | | required by this Section, including if the applicant's |
9 | | plans do not satisfy the security, oversight, or |
10 | | recordkeeping rules issued by the Department of Financial |
11 | | and Professional Regulation;
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12 | | (2) the applicant would not be in compliance with local |
13 | | zoning rules issued in accordance with Section 140;
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14 | | (3) the applicant does not meet the requirements of |
15 | | Section 130;
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16 | | (4) one or more of the prospective principal officers |
17 | | or board members has been convicted of an excluded offense;
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18 | | (5) one or more of the prospective principal officers |
19 | | or board members has served as a principal officer or board |
20 | | member for a registered medical cannabis dispensing |
21 | | organization that has had its registration revoked;
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22 | | (6) one or more of the principal officers or board |
23 | | members is under 21 years of age; and
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24 | | (7) one or more of the principal officers or board |
25 | | members is a registered qualified patient or a registered |
26 | | caregiver.
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1 | | (Source: P.A. 98-122, eff. 1-1-14.) |
2 | | (410 ILCS 130/120) |
3 | | (Section scheduled to be repealed on January 1, 2018)
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4 | | Sec. 120. Dispensing organization agent identification |
5 | | card. |
6 | | (a) The Department of Financial and Professional |
7 | | Regulation shall:
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8 | | (1) verify the information contained in an application |
9 | | or renewal for a dispensing organization agent |
10 | | identification card submitted under this Act, and approve |
11 | | or deny an application or renewal, within 30 days of |
12 | | receiving a completed application or renewal application |
13 | | and all supporting documentation required by rule;
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14 | | (2) issue a dispensing organization agent |
15 | | identification card to a qualifying agent within 15 |
16 | | business days of approving the application or renewal;
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17 | | (3) enter the registry identification number of the |
18 | | dispensing organization where the agent works; and
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19 | | (4) allow for an electronic application process, and |
20 | | provide a confirmation by electronic or other methods that |
21 | | an application has been submitted.
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22 | | (b) A dispensing agent must keep his or her identification |
23 | | card visible at all times when on the property of a dispensing |
24 | | organization.
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25 | | (c) The dispensing organization agent identification cards |
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1 | | shall contain the following:
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2 | | (1) the name of the cardholder;
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3 | | (2) the date of issuance and expiration date of the |
4 | | dispensing organization agent identification cards;
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5 | | (3) a random 10 digit alphanumeric identification |
6 | | number containing at least 4 numbers and at least 4 |
7 | | letters; that is unique to the holder; and
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8 | | (4) a photograph of the cardholder.
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9 | | (d) The dispensing organization agent identification cards |
10 | | shall be immediately returned to the dispensing organization |
11 | | cultivation center upon termination of employment.
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12 | | (e) Any card lost by a dispensing organization agent shall |
13 | | be reported to the Illinois State Police and the Department of |
14 | | Financial and Professional Regulation Agriculture immediately |
15 | | upon discovery of the loss.
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16 | | (f) An applicant shall be denied a dispensing organization |
17 | | agent identification card if he or she has been convicted of an |
18 | | excluded offense.
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19 | | (Source: P.A. 98-122, eff. 1-1-14.) |
20 | | (410 ILCS 130/140) |
21 | | (Section scheduled to be repealed on January 1, 2018)
|
22 | | Sec. 140. Local ordinances. A unit of local government may |
23 | | enact reasonable zoning ordinances or resolutions, not in |
24 | | conflict with this Act or with Department of Agriculture or |
25 | | Department of Financial and Professional Regulation Public |
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1 | | Health rules, regulating registered medical cannabis |
2 | | cultivation center or medical cannabis dispensing |
3 | | organizations. No unit of local government, including a home |
4 | | rule unit, or school district may regulate registered medical |
5 | | cannabis organizations other than as provided in this Act and |
6 | | may not unreasonably prohibit the cultivation, dispensing, and |
7 | | use of medical cannabis authorized by this Act. This Section is |
8 | | a denial and limitation under subsection (i) of Section 6 of |
9 | | Article VII of the Illinois Constitution on the concurrent |
10 | | exercise by home rule units of powers and functions exercised |
11 | | by the State.
|
12 | | (Source: P.A. 98-122, eff. 1-1-14.) |
13 | | (410 ILCS 130/145) |
14 | | (Section scheduled to be repealed on January 1, 2018)
|
15 | | Sec. 145. Confidentiality. |
16 | | (a) The following information received and records kept by |
17 | | the
Department of Public Health, Department of Financial and |
18 | | Professional Regulation, Department of Agriculture, or |
19 | | Department of State Police under their rules for purposes of |
20 | | administering this Act are subject to all applicable federal |
21 | | privacy laws, confidential, and exempt from the Freedom of |
22 | | Information Act, and not subject to disclosure to any |
23 | | individual or public or private entity, except as necessary for |
24 | | authorized employees of those authorized agencies to perform |
25 | | official duties under this Act and the following , except that |
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1 | | the information received and records kept by Department of |
2 | | Public Health, Department of Agriculture, Department of |
3 | | Financial and Professional Regulation, and Department of State |
4 | | Police , excluding any existing or non-existing Illinois or |
5 | | national criminal history record information as defined in |
6 | | subsection (d), may be disclosed may disclose this information |
7 | | and records to each other upon request:
|
8 | | (1) Applications and renewals, their contents, and |
9 | | supporting information submitted by qualifying patients |
10 | | and designated caregivers, including information regarding |
11 | | their designated caregivers and physicians.
|
12 | | (2) Applications and renewals, their contents, and |
13 | | supporting information submitted by or on behalf of |
14 | | cultivation centers and dispensing organizations in |
15 | | compliance with this Act, including their physical |
16 | | addresses.
|
17 | | (3) The individual names and other information |
18 | | identifying persons to whom the Department of Public Health |
19 | | has issued registry identification cards.
|
20 | | (4) Any dispensing information required to be kept |
21 | | under Section 135, Section 150, or Department of Public |
22 | | Health, Department of Agriculture, or Department of |
23 | | Financial and Professional Regulation rules shall identify |
24 | | cardholders and registered cultivation centers by their |
25 | | registry identification numbers and medical cannabis |
26 | | dispensing organizations by their registration number and |
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1 | | not contain names or other personally identifying |
2 | | information.
|
3 | | (5) All medical records provided to the Department of |
4 | | Public Health in connection with an application for a |
5 | | registry card.
|
6 | | (b) Nothing in this Section precludes the following:
|
7 | | (1) Department of Agriculture, Department of Financial |
8 | | and Professional Regulation, or Public Health employees |
9 | | may notify law enforcement about falsified or fraudulent |
10 | | information submitted to the Departments if the employee |
11 | | who suspects that falsified or fraudulent information has |
12 | | been submitted conferred with his or her supervisor and |
13 | | both agree that circumstances exist that warrant |
14 | | reporting.
|
15 | | (2) If the employee conferred with his or her |
16 | | supervisor and both agree that circumstances exist that |
17 | | warrant reporting, Department of Public Health employees |
18 | | may notify the Department of Financial and Professional |
19 | | Regulation if there is reasonable cause to believe a |
20 | | physician:
|
21 | | (A) issued a written certification without a bona |
22 | | fide physician-patient relationship under this Act;
|
23 | | (B) issued a written certification to a person who |
24 | | was not under the physician's care for the debilitating |
25 | | medical condition; or
|
26 | | (C) failed to abide by the acceptable and |
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1 | | prevailing standard of care when evaluating a |
2 | | patient's medical condition.
|
3 | | (3) The Department of Public Health, Department of |
4 | | Agriculture, and Department of Financial and Professional |
5 | | Regulation may notify State or local law enforcement about |
6 | | apparent criminal violations of this Act if the employee |
7 | | who suspects the offense has conferred with his or her |
8 | | supervisor and both agree that circumstances exist that |
9 | | warrant reporting.
|
10 | | (4) Medical cannabis cultivation center agents and |
11 | | medical cannabis dispensing organizations may notify the |
12 | | Department of Public Health, Department of Financial and |
13 | | Professional Regulation, or Department of Agriculture of a |
14 | | suspected violation or attempted violation of this Act or |
15 | | the rules issued under it.
|
16 | | (5) Each Department may verify registry identification |
17 | | cards under Section 150.
|
18 | | (6) The submission of the report to the General |
19 | | Assembly under Section 160.
|
20 | | (c) It is a Class B misdemeanor with a $1,000 fine for any |
21 | | person, including an employee or official of the Department of |
22 | | Public Health, Department of Financial and Professional |
23 | | Regulation, or Department of Agriculture or another State |
24 | | agency or local government, to breach the confidentiality of |
25 | | information obtained under this Act.
|
26 | | (d) The Department of Public Health, the Department of |
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1 | | Agriculture, the Department of State Police, and the Department |
2 | | of Financial and Professional Regulation shall not share or |
3 | | disclose any existing or non-existing Illinois or national |
4 | | criminal history record information. For the purposes of this |
5 | | Section, "any existing or non-existing Illinois or national |
6 | | criminal history record information" means any Illinois or |
7 | | national criminal history record information, including but |
8 | | not limited to the lack of or non-existence of these records. |
9 | | (Source: P.A. 98-122, eff. 1-1-14.) |
10 | | (410 ILCS 130/150) |
11 | | (Section scheduled to be repealed on January 1, 2018)
|
12 | | Sec. 150. Registry identification and registration |
13 | | certificate verification. |
14 | | (a) The Department of Public Health shall maintain a |
15 | | confidential list of the persons to whom the Department of |
16 | | Public Health has issued registry identification cards and |
17 | | their addresses, phone numbers, and registry identification |
18 | | numbers. This confidential list may not be combined or linked |
19 | | in any manner with any other list or database except as |
20 | | provided in this Section.
|
21 | | (b) Within 180 days of the effective date of this Act, the |
22 | | Department of Public Health, Department of Financial and |
23 | | Professional Regulation, and Department of Agriculture shall |
24 | | together establish a computerized database or verification |
25 | | system. The database or verification system must allow law |
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1 | | enforcement personnel and medical cannabis dispensary |
2 | | organization agents to determine whether or not the |
3 | | identification number corresponds with a current, valid |
4 | | registry identification card. The system shall only disclose |
5 | | whether the identification card is valid, whether the |
6 | | cardholder is a registered qualifying patient or a registered |
7 | | designated caregiver, the registry identification number of |
8 | | the registered medical cannabis dispensing organization |
9 | | designated to serve the registered qualifying patient who holds |
10 | | the card, and the registry identification number of the patient |
11 | | who is assisted by a registered designated caregiver who holds |
12 | | the card. The Department of Public Health, the Department of |
13 | | Agriculture, the Department of State Police, and the Department |
14 | | of Financial and Professional Regulation shall not share or |
15 | | disclose any existing or non-existing Illinois or national |
16 | | criminal history record information. Notwithstanding any other |
17 | | requirements established by this subsection, the Department of |
18 | | Public Health shall issue registry cards to qualifying |
19 | | patients, the Department of Financial and Professional |
20 | | Regulation may issue registration to medical cannabis |
21 | | dispensing organizations for the period during which the |
22 | | database is being established, and the Department of |
23 | | Agriculture may issue registration to medical cannabis |
24 | | cultivation organizations for the period during which the |
25 | | database is being established.
|
26 | | (c) For the purposes of this Section, "any existing or |
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1 | | non-existing Illinois or national criminal history record |
2 | | information" means any Illinois or national criminal history |
3 | | record information, including but not limited to the lack of or |
4 | | non-existence of these records. |
5 | | (Source: P.A. 98-122, eff. 1-1-14.) |
6 | | (410 ILCS 130/165) |
7 | | (Section scheduled to be repealed on January 1, 2018)
|
8 | | Sec. 165. Administrative rulemaking. |
9 | | (a) Not later than 120 days after the effective date of |
10 | | this Act, the Department of Public Health, Department of |
11 | | Agriculture, and the Department of Financial and Professional |
12 | | Regulation shall develop rules in accordance to their |
13 | | responsibilities under this Act and file those rules with the |
14 | | Joint Committee on Administrative Rules.
|
15 | | (b) The Department of Public Health rules shall address, |
16 | | but not be limited to, the following:
|
17 | | (1) fees for applications for registration as a |
18 | | qualified patient or caregiver;
|
19 | | (2) establishing the form and content of registration |
20 | | and renewal applications submitted under this Act, |
21 | | including a standard form for written certifications;
|
22 | | (3) governing the manner in which it shall consider |
23 | | applications for and renewals of registry identification |
24 | | cards; |
25 | | (4) the manufacture of medical cannabis-infused |
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1 | | products;
|
2 | | (5) fees for the application and renewal of registry |
3 | | identification cards. Fee revenue may be offset or |
4 | | supplemented by private donations;
|
5 | | (6) any other matters as are necessary for the fair, |
6 | | impartial, stringent, and comprehensive administration of |
7 | | this Act;
and |
8 | | (7) reasonable rules concerning the medical use of |
9 | | cannabis at a nursing care institution, hospice, assisted |
10 | | living center, assisted living facility, assisted living |
11 | | home, residential care institution, or adult day health |
12 | | care facility. |
13 | | (c) The Department of Agriculture rules shall address, but |
14 | | not be limited to the following
related to registered |
15 | | cultivation centers, with the goal of protecting against |
16 | | diversion and theft, without imposing an undue burden on the |
17 | | registered cultivation centers:
|
18 | | (1) oversight requirements for registered cultivation |
19 | | centers;
|
20 | | (2) recordkeeping requirements for registered |
21 | | cultivation centers;
|
22 | | (3) security requirements for registered cultivation |
23 | | centers, which shall include that each registered |
24 | | cultivation center location must be protected by a fully |
25 | | operational security alarm system;
|
26 | | (4) rules and standards for what constitutes an |
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1 | | enclosed, locked facility under this Act;
|
2 | | (5) procedures for suspending or revoking the |
3 | | registration certificates or registry identification cards |
4 | | of registered cultivation centers and their agents that |
5 | | commit violations of the provisions of this Act or the |
6 | | rules adopted under this Section;
|
7 | | (6) rules concerning the intrastate transportation of |
8 | | medical cannabis from a cultivation center to a dispensing |
9 | | organization;
|
10 | | (7) standards concerning the testing, quality, and |
11 | | cultivation of medical cannabis;
|
12 | | (8) any other matters as are necessary for the fair, |
13 | | impartial, stringent, and comprehensive administration of |
14 | | this Act;
|
15 | | (9) application and renewal fees for cultivation |
16 | | center agents; and
|
17 | | (10) application, renewal, and registration fees for |
18 | | cultivation centers.
|
19 | | (d) The Department of Financial and Professional |
20 | | Regulation rules shall address, but not be limited to the |
21 | | following matters related to registered dispensing |
22 | | organizations, with the goal of protecting against diversion |
23 | | and theft, without imposing an undue burden on the registered |
24 | | dispensing organizations or compromising the confidentiality |
25 | | of cardholders:
|
26 | | (1) application and renewal and registration fees for |
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1 | | dispensing organizations and dispensing organizations |
2 | | agents;
|
3 | | (2) medical cannabis dispensing agent-in-charge |
4 | | oversight requirements for dispensing organizations;
|
5 | | (3) recordkeeping requirements for dispensing |
6 | | organizations;
|
7 | | (4) security requirements for medical cannabis |
8 | | dispensing organizations, which shall include that each |
9 | | registered dispensing organization location must be |
10 | | protected by a fully operational security alarm system;
|
11 | | (5) procedures for suspending or revoking suspending |
12 | | the registrations of dispensing organizations and |
13 | | dispensing organization agents that commit violations of |
14 | | the provisions of this Act or the rules adopted under this |
15 | | Act;
|
16 | | (6) application and renewal fees for dispensing |
17 | | organizations; and
|
18 | | (7) application and renewal fees for dispensing |
19 | | organization agents.
|
20 | | (e) The Department of Public Health may establish a sliding |
21 | | scale of patient application and renewal fees based upon a |
22 | | qualifying patient's household income. The Department of |
23 | | Public health may accept donations from private sources to |
24 | | reduce application and renewal fees, and registry |
25 | | identification card fees shall include an additional fee set by |
26 | | rule which shall be used to develop and disseminate educational |
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1 | | information about the health risks associated with the abuse of |
2 | | cannabis and prescription medications.
|
3 | | (f) During the rule-making process, each Department shall |
4 | | make a good faith effort to consult with stakeholders |
5 | | identified in the rule-making analysis as being impacted by the |
6 | | rules, including patients or a representative of an |
7 | | organization advocating on behalf of patients.
|
8 | | (g) The Department of Public Health shall develop and |
9 | | disseminate educational information about the health risks |
10 | | associated with the abuse of cannabis and prescription |
11 | | medications.
|
12 | | (Source: P.A. 98-122, eff. 1-1-14.) |
13 | | (410 ILCS 130/175) |
14 | | (Section scheduled to be repealed on January 1, 2018)
|
15 | | Sec. 175. Administrative hearings. |
16 | | (a) Administrative hearings involving the Department of |
17 | | Public Health, a qualifying patient, or a designated caregiver |
18 | | shall be conducted under the Department of Public Health's |
19 | | rules governing administrative hearings. |
20 | | (b) Administrative hearings involving the Department of |
21 | | Financial and Professional Regulation, dispensing |
22 | | organizations, or dispensing organization agents shall be |
23 | | conducted under the Department of Financial and Professional |
24 | | Regulation's rules governing administrative hearings. |
25 | | (c) Administrative hearings involving the Department of |
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1 | | Agriculture, registered cultivation centers, or cultivation |
2 | | center agents shall be conducted under the Department of |
3 | | Agriculture's rules governing administrative hearings. All |
4 | | administrative hearings under this Act shall be conducted in |
5 | | accordance with the Department of Public Health's rules |
6 | | governing administrative hearings.
|
7 | | (Source: P.A. 98-122, eff. 1-1-14.) |
8 | | (410 ILCS 130/185) |
9 | | (Section scheduled to be repealed on January 1, 2018)
|
10 | | Sec. 185. Suspension revocation of a registration. |
11 | | (a) The Department of Agriculture , the Department of |
12 | | Financial and Professional Regulation, and the Department of |
13 | | Public Health may suspend or revoke a registration for |
14 | | violations of this Act and rules issued in accordance with this |
15 | | Section.
|
16 | | (b) The suspension or revocation of a registration is a |
17 | | final Department action, subject to judicial review. |
18 | | Jurisdiction and venue for judicial review are vested in the |
19 | | Circuit Court.
|
20 | | (Source: P.A. 98-122, eff. 1-1-14.) |
21 | | Section 10. The Illinois Vehicle Code is amended by |
22 | | changing Sections 2-118.1, 6-118, 6-206.1, 6-208.1, 6-514, |
23 | | 11-501.1, and 11-501.2 and by adding Sections 2-118.2 and |
24 | | 11-501.9 as follows: |
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1 | | (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
|
2 | | Sec. 2-118.1. Opportunity for hearing; statutory summary |
3 | | alcohol
or other drug related suspension or revocation pursuant |
4 | | to Section 11-501.1. |
5 | | (a) A statutory summary suspension or revocation of driving |
6 | | privileges under Section
11-501.1 shall not become effective |
7 | | until the person is notified in writing of
the impending |
8 | | suspension or revocation and informed that he may request a |
9 | | hearing in the
circuit court of venue under paragraph (b) of |
10 | | this Section and the statutory
summary suspension or revocation |
11 | | shall become effective as provided in Section 11-501.1. |
12 | | (b) Within 90 days after the notice of statutory summary
|
13 | | suspension or revocation served under Section
11-501.1, the |
14 | | person may make a written request for a judicial hearing in
the |
15 | | circuit court of venue. The request to the circuit court shall |
16 | | state
the grounds upon which the person seeks to have the |
17 | | statutory summary
suspension or revocation rescinded. Within |
18 | | 30 days after receipt of the written request
or the first |
19 | | appearance date on the Uniform Traffic Ticket issued pursuant
|
20 | | to a violation of Section 11-501, or a similar provision of a |
21 | | local
ordinance, the hearing shall be conducted by the circuit |
22 | | court having
jurisdiction. This judicial hearing, request, or |
23 | | process shall not stay or
delay the statutory summary |
24 | | suspension or revocation. The hearings shall proceed in the
|
25 | | court in the same manner as in other civil proceedings. |
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1 | | The hearing may be conducted upon a review of the law |
2 | | enforcement
officer's own official reports; provided however, |
3 | | that the person may
subpoena the officer. Failure of the |
4 | | officer to answer the subpoena shall
be considered grounds for |
5 | | a continuance if in the court's discretion the
continuance is |
6 | | appropriate. |
7 | | The scope of the hearing shall be limited to the issues of: |
8 | | 1. Whether the person was placed under arrest for an |
9 | | offense as defined
in Section 11-501, or a similar |
10 | | provision of a local ordinance, as evidenced
by the |
11 | | issuance of a Uniform Traffic Ticket, or issued a Uniform |
12 | | Traffic
Ticket out of state as provided in subsection (a) |
13 | | or (a-5) of Section 11-501.1; and |
14 | | 2. Whether the officer had reasonable grounds to |
15 | | believe that
the person was driving or in actual physical |
16 | | control of a motor vehicle
upon a highway while under the |
17 | | influence of alcohol, other drug, or
combination of both; |
18 | | and |
19 | | 3. Whether the person, after being advised by the |
20 | | officer
that the privilege to operate a motor vehicle would |
21 | | be suspended or revoked if the
person refused to submit to |
22 | | and complete the test or tests, did refuse to
submit to or |
23 | | complete the test or tests to determine the person's blood |
24 | | alcohol or drug concentration authorized under Section |
25 | | 11-501.1 ; or |
26 | | 4. Whether the person, after being advised by the |
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1 | | officer that
the privilege to operate a motor vehicle would |
2 | | be suspended if the person
submits to a chemical test, or |
3 | | tests, and the test discloses an alcohol
concentration of |
4 | | 0.08 or more, or any amount of a drug, substance,
or |
5 | | compound in the person's blood or urine resulting from the |
6 | | unlawful use or
consumption of cannabis listed in the |
7 | | Cannabis Control Act, a controlled
substance listed in the |
8 | | Illinois Controlled Substances Act, an intoxicating
|
9 | | compound as listed in the Use of Intoxicating Compounds |
10 | | Act, or methamphetamine as listed in the Methamphetamine |
11 | | Control and Community Protection Act, and the person
did |
12 | | submit to and complete the test or tests that determined an |
13 | | alcohol
concentration of 0.08 or more. |
14 | | 4.2. (Blank). If the person is a qualifying patient |
15 | | licensed under the Compassionate Use of Medical Cannabis |
16 | | Pilot Program Act who is in possession of a valid registry |
17 | | card issued under that Act, after being advised by the |
18 | | officer that the privilege to operate a motor vehicle would |
19 | | be suspended or revoked if the person refused to submit to |
20 | | and complete the test or tests, did refuse to submit to or |
21 | | complete the test or tests authorized under Section |
22 | | 11-501.1. |
23 | | 4.5. (Blank). If the person is a qualifying patient |
24 | | licensed under the Compassionate Use of Medical Cannabis |
25 | | Pilot Program Act who is in possession of a valid registry |
26 | | card issued under that Act, whether that person, after |
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1 | | being advised by the officer that the privilege to operate |
2 | | a motor vehicle would be suspended if the person submits to |
3 | | a standardized field sobriety test, or tests, and the test |
4 | | indicates impairment resulting from the consumption of |
5 | | cannabis, did submit to and complete the test or tests that |
6 | | indicated impairment. |
7 | | 5. If the person's driving privileges were revoked, |
8 | | whether the person was involved in a motor vehicle accident |
9 | | that caused Type A injury or death to another. |
10 | | Upon the conclusion of the judicial hearing, the circuit |
11 | | court shall
sustain or rescind the statutory summary suspension |
12 | | or revocation and immediately notify
the Secretary of State. |
13 | | Reports received by the Secretary of State under
this Section |
14 | | shall be privileged information and for use only by the
courts, |
15 | | police officers, and Secretary of State. |
16 | | (Source: P.A. 98-122, eff. 1-1-14.) |
17 | | (625 ILCS 5/2-118.2 new) |
18 | | Sec. 2-118.2. Opportunity for hearing; medical |
19 | | cannabis-related suspension under Section 11-501.9. |
20 | | (a) A suspension of driving privileges under Section |
21 | | 11-501.9 of this Code shall not become effective until the |
22 | | person is notified in writing of the impending suspension and |
23 | | informed that he or she may request a hearing in the circuit |
24 | | court of venue under subsection (b) of this Section and the |
25 | | suspension shall become effective as provided in Section |
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1 | | 11-501.9. |
2 | | (b) Within 90 days after the notice of suspension served |
3 | | under Section 11-501.9, the person may make a written request |
4 | | for a judicial hearing in the circuit court of venue. The |
5 | | request to the circuit court shall state the grounds upon which |
6 | | the person seeks to have the suspension rescinded. Within 30 |
7 | | days after receipt of the written request or the first |
8 | | appearance date on the Uniform Traffic Ticket issued for a |
9 | | violation of Section 11-501 of this Code, or a similar |
10 | | provision of a local ordinance, the hearing shall be conducted |
11 | | by the circuit court having jurisdiction. This judicial |
12 | | hearing, request, or process shall not stay or delay the |
13 | | suspension. The hearing shall proceed in the court in the same |
14 | | manner as in other civil proceedings. |
15 | | The hearing may be conducted upon a review of the law |
16 | | enforcement officer's own official reports; provided however, |
17 | | that the person may subpoena the officer. Failure of the |
18 | | officer to answer the subpoena shall be considered grounds for |
19 | | a continuance if in the court's discretion the continuance is |
20 | | appropriate. |
21 | | The scope of the hearing shall be limited to the issues of: |
22 | | (1) Whether the person was issued a registry |
23 | | identification card under the Compassionate Use of Medical |
24 | | Cannabis Pilot Program Act; and |
25 | | (2) Whether the officer had reasonable suspicion to |
26 | | believe that the person was driving or in actual physical |
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1 | | control of a motor vehicle upon a highway while impaired by |
2 | | the use of cannabis; and |
3 | | (3) Whether the person, after being advised by the |
4 | | officer that the privilege to operate a motor vehicle would |
5 | | be suspended if the person refused to submit to and |
6 | | complete the field sobriety tests, did refuse to submit to |
7 | | or complete the field sobriety tests authorized under |
8 | | Section 11-501.9; and |
9 | | (4) Whether the person after being advised by the |
10 | | officer that the privilege to operate a motor vehicle would |
11 | | be suspended if the person submitted to field sobriety |
12 | | tests that disclosed the person was impaired by the use of |
13 | | cannabis, did submit to field sobriety tests that disclosed |
14 | | that the person was impaired by the use of cannabis. |
15 | | Upon the conclusion of the judicial hearing, the circuit |
16 | | court shall sustain or rescind the suspension and immediately |
17 | | notify the Secretary of State. Reports received by the |
18 | | Secretary of State under this Section shall be privileged |
19 | | information and for use only by the courts, police officers, |
20 | | and Secretary of State.
|
21 | | (625 ILCS 5/6-118)
|
22 | | (Text of Section before amendment by P.A. 98-176 ) |
23 | | Sec. 6-118. Fees. |
24 | | (a) The fee for licenses and permits under this
Article is |
25 | | as follows: |
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1 | | Original driver's license .............................$30 |
2 | | Original or renewal driver's license |
3 | | issued to 18, 19 and 20 year olds .................. 5 |
4 | | All driver's licenses for persons |
5 | | age 69 through age 80 .............................. 5 |
6 | | All driver's licenses for persons |
7 | | age 81 through age 86 .............................. 2 |
8 | | All driver's licenses for persons |
9 | | age 87 or older .....................................0 |
10 | | Renewal driver's license (except for |
11 | | applicants ages 18, 19 and 20 or |
12 | | age 69 and older) ..................................30 |
13 | | Original instruction permit issued to |
14 | | persons (except those age 69 and older) |
15 | | who do not hold or have not previously |
16 | | held an Illinois instruction permit or |
17 | | driver's license .................................. 20 |
18 | | Instruction permit issued to any person |
19 | | holding an Illinois driver's license |
20 | | who wishes a change in classifications, |
21 | | other than at the time of renewal .................. 5 |
22 | | Any instruction permit issued to a person |
23 | | age 69 and older ................................... 5 |
24 | | Instruction permit issued to any person, |
25 | | under age 69, not currently holding a |
26 | | valid Illinois driver's license or |
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| | 09800SB3028ham001 | - 39 - | LRB098 16947 RLC 62522 a |
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|
1 | | instruction permit but who has |
2 | | previously been issued either document |
3 | | in Illinois ....................................... 10 |
4 | | Restricted driving permit .............................. 8 |
5 | | Monitoring device driving permit ...................... 8 |
6 | | Duplicate or corrected driver's license |
7 | | or permit .......................................... 5 |
8 | | Duplicate or corrected restricted |
9 | | driving permit ..................................... 5 |
10 | | Duplicate or corrected monitoring |
11 | | device driving permit .................................. 5 |
12 | | Duplicate driver's license or permit issued to |
13 | | an active-duty member of the |
14 | | United States Armed Forces, |
15 | | the member's spouse, or |
16 | | the dependent children living |
17 | | with the member ................................... 0 |
18 | | Original or renewal M or L endorsement ................. 5 |
19 | | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE |
20 | | The fees for commercial driver licenses and permits |
21 | | under Article V
shall be as follows: |
22 | | Commercial driver's license: |
23 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund |
24 | | (Commercial Driver's License Information |
25 | | System/American Association of Motor Vehicle |
26 | | Administrators network/National Motor Vehicle |
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| | 09800SB3028ham001 | - 40 - | LRB098 16947 RLC 62522 a |
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|
1 | | Title Information Service Trust Fund); |
2 | | $20 for the Motor Carrier Safety Inspection Fund; |
3 | | $10 for the driver's license; |
4 | | and $24 for the CDL: ............................. $60 |
5 | | Renewal commercial driver's license: |
6 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; |
7 | | $20 for the Motor Carrier Safety Inspection Fund; |
8 | | $10 for the driver's license; and |
9 | | $24 for the CDL: ................................. $60 |
10 | | Commercial driver instruction permit |
11 | | issued to any person holding a valid |
12 | | Illinois driver's license for the |
13 | | purpose of changing to a |
14 | | CDL classification: $6 for the |
15 | | CDLIS/AAMVAnet/NMVTIS Trust Fund; |
16 | | $20 for the Motor Carrier |
17 | | Safety Inspection Fund; and |
18 | | $24 for the CDL classification ................... $50 |
19 | | Commercial driver instruction permit |
20 | | issued to any person holding a valid |
21 | | Illinois CDL for the purpose of |
22 | | making a change in a classification, |
23 | | endorsement or restriction ........................ $5 |
24 | | CDL duplicate or corrected license .................... $5 |
25 | | In order to ensure the proper implementation of the Uniform |
26 | | Commercial
Driver License Act, Article V of this Chapter, the |
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| | 09800SB3028ham001 | - 41 - | LRB098 16947 RLC 62522 a |
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|
1 | | Secretary of State is
empowered to pro-rate the $24 fee for the |
2 | | commercial driver's license
proportionate to the expiration |
3 | | date of the applicant's Illinois driver's
license. |
4 | | The fee for any duplicate license or permit shall be waived |
5 | | for any
person who presents the Secretary of State's office |
6 | | with a
police report showing that his license or permit was |
7 | | stolen. |
8 | | The fee for any duplicate license or permit shall be waived |
9 | | for any
person age 60 or older whose driver's license or permit |
10 | | has been lost or stolen. |
11 | | No additional fee shall be charged for a driver's license, |
12 | | or for a
commercial driver's license, when issued
to the holder |
13 | | of an instruction permit for the same classification or
type of |
14 | | license who becomes eligible for such
license. |
15 | | (b) Any person whose license or privilege to operate a |
16 | | motor vehicle
in this State has been suspended or revoked under |
17 | | Section 3-707, any
provision of
Chapter 6, Chapter 11, or |
18 | | Section 7-205, 7-303, or 7-702 of the Family
Financial
|
19 | | Responsibility Law of this Code, shall in addition to any other
|
20 | | fees required by this Code, pay a reinstatement fee as follows: |
21 | | Suspension under Section 3-707 .....................
$100
|
22 | | Summary suspension under Section 11-501.1 ...........$250
|
23 | | Suspension under Section 11-501.9 ....................$250 |
24 | | Summary revocation under Section 11-501.1 ............$500 |
25 | | Other suspension ......................................$70 |
26 | | Revocation ...........................................$500 |
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| | 09800SB3028ham001 | - 42 - | LRB098 16947 RLC 62522 a |
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1 | | However, any person whose license or privilege to operate a |
2 | | motor vehicle
in this State has been suspended or revoked for a |
3 | | second or subsequent time
for a violation of Section 11-501 , or |
4 | | 11-501.1 , or 11-501.9
of this Code or a similar provision of a |
5 | | local ordinance
or a similar out-of-state offense
or Section |
6 | | 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
|
7 | | and each suspension or revocation was for a violation of |
8 | | Section 11-501 , or
11-501.1 , or 11-501.9 of this Code or a |
9 | | similar provision of a local ordinance
or a similar |
10 | | out-of-state offense
or Section
9-3 of the Criminal Code of |
11 | | 1961 or the Criminal Code of 2012
shall pay, in addition to any |
12 | | other
fees required by this Code, a
reinstatement
fee as |
13 | | follows: |
14 | | Summary suspension under Section 11-501.1 ............$500 |
15 | | Suspension under Section 11-501.9 ....................$500 |
16 | | Summary revocation under Section 11-501.1 ............$500 |
17 | | Revocation ...........................................$500 |
18 | | (c) All fees collected under the provisions of this Chapter |
19 | | 6 shall be
paid into the Road Fund in the State Treasury except |
20 | | as follows: |
21 | | 1. The following amounts shall be paid into the Driver |
22 | | Education Fund: |
23 | | (A) $16 of the $20
fee for an original driver's |
24 | | instruction permit; |
25 | | (B) $5 of the $30 fee for an original driver's |
26 | | license; |
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| | 09800SB3028ham001 | - 43 - | LRB098 16947 RLC 62522 a |
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1 | | (C) $5 of the $30 fee for a 4 year renewal driver's |
2 | | license;
|
3 | | (D) $4 of the $8 fee for a restricted driving |
4 | | permit; and |
5 | | (E) $4 of the $8 fee for a monitoring device |
6 | | driving permit. |
7 | | 2. $30 of the $250 fee for reinstatement of a
license
|
8 | | summarily suspended under Section 11-501.1 or suspended |
9 | | under Section 11-501.9 shall be deposited into the
Drunk |
10 | | and Drugged Driving Prevention Fund.
However, for a person |
11 | | whose license or privilege to operate a motor vehicle
in |
12 | | this State has been suspended or revoked for a second or |
13 | | subsequent time for
a violation of Section 11-501 , or |
14 | | 11-501.1 , or 11-501.9 of this Code or Section 9-3 of the
|
15 | | Criminal Code of 1961 or the Criminal Code of 2012,
$190 of |
16 | | the $500 fee for reinstatement of a license summarily
|
17 | | suspended under
Section 11-501.1 or suspended under |
18 | | Section 11-501.9 ,
and $190 of the $500 fee for |
19 | | reinstatement of a revoked license
shall be deposited into |
20 | | the Drunk and Drugged Driving Prevention Fund. $190 of the |
21 | | $500 fee for reinstatement of a license summarily revoked |
22 | | pursuant to Section 11-501.1 shall be deposited into the |
23 | | Drunk and Drugged Driving Prevention Fund. |
24 | | 3. $6 of such original or renewal fee for a commercial |
25 | | driver's
license and $6 of the commercial driver |
26 | | instruction permit fee when such
permit is issued to any |
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| | 09800SB3028ham001 | - 44 - | LRB098 16947 RLC 62522 a |
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1 | | person holding a valid Illinois driver's license,
shall be |
2 | | paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund. |
3 | | 4. $30 of the $70 fee for reinstatement of a license |
4 | | suspended
under the
Family
Financial Responsibility Law |
5 | | shall be paid into the Family Responsibility
Fund. |
6 | | 5. The $5 fee for each original or renewal M or L |
7 | | endorsement shall be
deposited into the Cycle Rider Safety |
8 | | Training Fund. |
9 | | 6. $20 of any original or renewal fee for a commercial |
10 | | driver's
license or commercial driver instruction permit |
11 | | shall be paid into the Motor
Carrier Safety Inspection |
12 | | Fund. |
13 | | 7. The following amounts shall be paid into the General |
14 | | Revenue Fund: |
15 | | (A) $190 of the $250 reinstatement fee for a |
16 | | summary suspension under
Section 11-501.1 or a |
17 | | suspension under Section 11-501.9 ; |
18 | | (B) $40 of the $70 reinstatement fee for any other |
19 | | suspension provided
in subsection (b) of this Section; |
20 | | and |
21 | | (C) $440 of the $500 reinstatement fee for a first |
22 | | offense revocation
and $310 of the $500 reinstatement |
23 | | fee for a second or subsequent revocation. |
24 | | (d) All of the proceeds of the additional fees imposed by |
25 | | this amendatory Act of the 96th General Assembly shall be |
26 | | deposited into the Capital Projects Fund. |
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| | 09800SB3028ham001 | - 45 - | LRB098 16947 RLC 62522 a |
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1 | | (e) The additional fees imposed by this amendatory Act of |
2 | | the 96th General Assembly shall become effective 90 days after |
3 | | becoming law. |
4 | | (f) As used in this Section, "active-duty member of the |
5 | | United States Armed Forces" means a member of the Armed |
6 | | Services or Reserve Forces of the United States or a member of |
7 | | the Illinois National Guard who is called to active duty |
8 | | pursuant to an executive order of the President of the United |
9 | | States, an act of the Congress of the United States, or an |
10 | | order of the Governor. |
11 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; |
12 | | 98-177, eff. 1-1-14; 98-756, eff. 7-16-14.) |
13 | | (Text of Section after amendment by P.A. 98-176 ) |
14 | | Sec. 6-118. Fees. |
15 | | (a) The fee for licenses and permits under this
Article is |
16 | | as follows: |
17 | | Original driver's license .............................$30 |
18 | | Original or renewal driver's license |
19 | | issued to 18, 19 and 20 year olds .................. 5 |
20 | | All driver's licenses for persons |
21 | | age 69 through age 80 .............................. 5 |
22 | | All driver's licenses for persons |
23 | | age 81 through age 86 .............................. 2 |
24 | | All driver's licenses for persons |
25 | | age 87 or older .....................................0 |
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| | 09800SB3028ham001 | - 46 - | LRB098 16947 RLC 62522 a |
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1 | | Renewal driver's license (except for |
2 | | applicants ages 18, 19 and 20 or |
3 | | age 69 and older) ..................................30 |
4 | | Original instruction permit issued to |
5 | | persons (except those age 69 and older) |
6 | | who do not hold or have not previously |
7 | | held an Illinois instruction permit or |
8 | | driver's license .................................. 20 |
9 | | Instruction permit issued to any person |
10 | | holding an Illinois driver's license |
11 | | who wishes a change in classifications, |
12 | | other than at the time of renewal .................. 5 |
13 | | Any instruction permit issued to a person |
14 | | age 69 and older ................................... 5 |
15 | | Instruction permit issued to any person, |
16 | | under age 69, not currently holding a |
17 | | valid Illinois driver's license or |
18 | | instruction permit but who has |
19 | | previously been issued either document |
20 | | in Illinois ....................................... 10 |
21 | | Restricted driving permit .............................. 8 |
22 | | Monitoring device driving permit ...................... 8 |
23 | | Duplicate or corrected driver's license |
24 | | or permit .......................................... 5 |
25 | | Duplicate or corrected restricted |
26 | | driving permit ..................................... 5 |
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| | 09800SB3028ham001 | - 47 - | LRB098 16947 RLC 62522 a |
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1 | | Duplicate or corrected monitoring |
2 | | device driving permit .................................. 5 |
3 | | Duplicate driver's license or permit issued to |
4 | | an active-duty member of the |
5 | | United States Armed Forces, |
6 | | the member's spouse, or |
7 | | the dependent children living |
8 | | with the member ................................... 0 |
9 | | Original or renewal M or L endorsement ................. 5 |
10 | | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE |
11 | | The fees for commercial driver licenses and permits |
12 | | under Article V
shall be as follows: |
13 | | Commercial driver's license: |
14 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund |
15 | | (Commercial Driver's License Information |
16 | | System/American Association of Motor Vehicle |
17 | | Administrators network/National Motor Vehicle |
18 | | Title Information Service Trust Fund); |
19 | | $20 for the Motor Carrier Safety Inspection Fund; |
20 | | $10 for the driver's license; |
21 | | and $24 for the CDL: ............................. $60 |
22 | | Renewal commercial driver's license: |
23 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; |
24 | | $20 for the Motor Carrier Safety Inspection Fund; |
25 | | $10 for the driver's license; and |
26 | | $24 for the CDL: ................................. $60 |
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1 | | Commercial learner's permit |
2 | | issued to any person holding a valid |
3 | | Illinois driver's license for the |
4 | | purpose of changing to a |
5 | | CDL classification: $6 for the |
6 | | CDLIS/AAMVAnet/NMVTIS Trust Fund; |
7 | | $20 for the Motor Carrier |
8 | | Safety Inspection Fund; and |
9 | | $24 for the CDL classification ................... $50 |
10 | | Commercial learner's permit |
11 | | issued to any person holding a valid |
12 | | Illinois CDL for the purpose of |
13 | | making a change in a classification, |
14 | | endorsement or restriction ........................ $5 |
15 | | CDL duplicate or corrected license .................... $5 |
16 | | In order to ensure the proper implementation of the Uniform |
17 | | Commercial
Driver License Act, Article V of this Chapter, the |
18 | | Secretary of State is
empowered to pro-rate the $24 fee for the |
19 | | commercial driver's license
proportionate to the expiration |
20 | | date of the applicant's Illinois driver's
license. |
21 | | The fee for any duplicate license or permit shall be waived |
22 | | for any
person who presents the Secretary of State's office |
23 | | with a
police report showing that his license or permit was |
24 | | stolen. |
25 | | The fee for any duplicate license or permit shall be waived |
26 | | for any
person age 60 or older whose driver's license or permit |
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| | 09800SB3028ham001 | - 49 - | LRB098 16947 RLC 62522 a |
|
|
1 | | has been lost or stolen. |
2 | | No additional fee shall be charged for a driver's license, |
3 | | or for a
commercial driver's license, when issued
to the holder |
4 | | of an instruction permit for the same classification or
type of |
5 | | license who becomes eligible for such
license. |
6 | | (b) Any person whose license or privilege to operate a |
7 | | motor vehicle
in this State has been suspended or revoked under |
8 | | Section 3-707, any
provision of
Chapter 6, Chapter 11, or |
9 | | Section 7-205, 7-303, or 7-702 of the Family
Financial
|
10 | | Responsibility Law of this Code, shall in addition to any other
|
11 | | fees required by this Code, pay a reinstatement fee as follows: |
12 | | Suspension under Section 3-707 .....................
$100
|
13 | | Summary suspension under Section 11-501.1 ...........$250
|
14 | | Suspension under Section 11-501.9 ....................$250 |
15 | | Summary revocation under Section 11-501.1 ............$500 |
16 | | Other suspension ......................................$70 |
17 | | Revocation ...........................................$500 |
18 | | However, any person whose license or privilege to operate a |
19 | | motor vehicle
in this State has been suspended or revoked for a |
20 | | second or subsequent time
for a violation of Section 11-501 , or |
21 | | 11-501.1 , or 11-501.9
of this Code or a similar provision of a |
22 | | local ordinance
or a similar out-of-state offense
or Section |
23 | | 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
|
24 | | and each suspension or revocation was for a violation of |
25 | | Section 11-501 , or
11-501.1 , or 11-501.9 of this Code or a |
26 | | similar provision of a local ordinance
or a similar |
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| | 09800SB3028ham001 | - 50 - | LRB098 16947 RLC 62522 a |
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|
1 | | out-of-state offense
or Section
9-3 of the Criminal Code of |
2 | | 1961 or the Criminal Code of 2012
shall pay, in addition to any |
3 | | other
fees required by this Code, a
reinstatement
fee as |
4 | | follows: |
5 | | Summary suspension under Section 11-501.1 ............$500 |
6 | | Suspension under Section 11-501.9 ....................$500 |
7 | | Summary revocation under Section 11-501.1 ............$500 |
8 | | Revocation ...........................................$500 |
9 | | (c) All fees collected under the provisions of this Chapter |
10 | | 6 shall be
paid into the Road Fund in the State Treasury except |
11 | | as follows: |
12 | | 1. The following amounts shall be paid into the Driver |
13 | | Education Fund: |
14 | | (A) $16 of the $20
fee for an original driver's |
15 | | instruction permit; |
16 | | (B) $5 of the $30 fee for an original driver's |
17 | | license; |
18 | | (C) $5 of the $30 fee for a 4 year renewal driver's |
19 | | license;
|
20 | | (D) $4 of the $8 fee for a restricted driving |
21 | | permit; and |
22 | | (E) $4 of the $8 fee for a monitoring device |
23 | | driving permit. |
24 | | 2. $30 of the $250 fee for reinstatement of a
license
|
25 | | summarily suspended under Section 11-501.1 or suspended |
26 | | under Section 11-501.9 shall be deposited into the
Drunk |
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| | 09800SB3028ham001 | - 51 - | LRB098 16947 RLC 62522 a |
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|
1 | | and Drugged Driving Prevention Fund.
However, for a person |
2 | | whose license or privilege to operate a motor vehicle
in |
3 | | this State has been suspended or revoked for a second or |
4 | | subsequent time for
a violation of Section 11-501 , or |
5 | | 11-501.1 , or 11-501.9 of this Code or Section 9-3 of the
|
6 | | Criminal Code of 1961 or the Criminal Code of 2012,
$190 of |
7 | | the $500 fee for reinstatement of a license summarily
|
8 | | suspended under
Section 11-501.1 or suspended under |
9 | | Section 11-501.9 ,
and $190 of the $500 fee for |
10 | | reinstatement of a revoked license
shall be deposited into |
11 | | the Drunk and Drugged Driving Prevention Fund. $190 of the |
12 | | $500 fee for reinstatement of a license summarily revoked |
13 | | pursuant to Section 11-501.1 shall be deposited into the |
14 | | Drunk and Drugged Driving Prevention Fund. |
15 | | 3. $6 of the original or renewal fee for a commercial |
16 | | driver's
license and $6 of the commercial learner's permit |
17 | | fee when the
permit is issued to any person holding a valid |
18 | | Illinois driver's license,
shall be paid into the |
19 | | CDLIS/AAMVAnet/NMVTIS Trust Fund. |
20 | | 4. $30 of the $70 fee for reinstatement of a license |
21 | | suspended
under the
Family
Financial Responsibility Law |
22 | | shall be paid into the Family Responsibility
Fund. |
23 | | 5. The $5 fee for each original or renewal M or L |
24 | | endorsement shall be
deposited into the Cycle Rider Safety |
25 | | Training Fund. |
26 | | 6. $20 of any original or renewal fee for a commercial |
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| | 09800SB3028ham001 | - 52 - | LRB098 16947 RLC 62522 a |
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1 | | driver's
license or commercial learner's permit shall be |
2 | | paid into the Motor
Carrier Safety Inspection Fund. |
3 | | 7. The following amounts shall be paid into the General |
4 | | Revenue Fund: |
5 | | (A) $190 of the $250 reinstatement fee for a |
6 | | summary suspension under
Section 11-501.1 or a |
7 | | suspension under Section 11-501.9 ; |
8 | | (B) $40 of the $70 reinstatement fee for any other |
9 | | suspension provided
in subsection (b) of this Section; |
10 | | and |
11 | | (C) $440 of the $500 reinstatement fee for a first |
12 | | offense revocation
and $310 of the $500 reinstatement |
13 | | fee for a second or subsequent revocation. |
14 | | (d) All of the proceeds of the additional fees imposed by |
15 | | this amendatory Act of the 96th General Assembly shall be |
16 | | deposited into the Capital Projects Fund. |
17 | | (e) The additional fees imposed by this amendatory Act of |
18 | | the 96th General Assembly shall become effective 90 days after |
19 | | becoming law. |
20 | | (f) As used in this Section, "active-duty member of the |
21 | | United States Armed Forces" means a member of the Armed |
22 | | Services or Reserve Forces of the United States or a member of |
23 | | the Illinois National Guard who is called to active duty |
24 | | pursuant to an executive order of the President of the United |
25 | | States, an act of the Congress of the United States, or an |
26 | | order of the Governor. |
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| | 09800SB3028ham001 | - 53 - | LRB098 16947 RLC 62522 a |
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1 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; |
2 | | 98-176, eff. 7-8-15 (see Section 10 of P.A. 98-722 for the |
3 | | effective date of changes made by P.A. 98-176); 98-177, eff. |
4 | | 1-1-14; 98-756, eff. 7-16-14.) |
5 | | (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) |
6 | | Sec. 6-206.1. Monitoring Device Driving Permit. |
7 | | Declaration of Policy. It is hereby declared a policy of the
|
8 | | State of Illinois that the driver who is impaired by alcohol, |
9 | | other drug or
drugs, or intoxicating compound or compounds is a
|
10 | | threat to the public safety and welfare. Therefore, to
provide |
11 | | a deterrent to such practice, a statutory summary driver's |
12 | | license suspension is appropriate.
It is also recognized that |
13 | | driving is a privilege and therefore, that the granting of |
14 | | driving privileges, in a manner consistent with public
safety, |
15 | | is warranted during the period of suspension in the form of a |
16 | | monitoring device driving permit. A person who drives and fails |
17 | | to comply with the requirements of the monitoring device |
18 | | driving permit commits a violation of Section 6-303 of this |
19 | | Code. |
20 | | The following procedures shall apply whenever
a first |
21 | | offender, as defined in Section 11-500 of this Code, is |
22 | | arrested for any offense as defined in Section 11-501
or a |
23 | | similar provision of a local ordinance and is subject to the |
24 | | provisions of Section 11-501.1: |
25 | | (a) Upon mailing of the notice of suspension of driving |
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| | 09800SB3028ham001 | - 54 - | LRB098 16947 RLC 62522 a |
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1 | | privileges as provided in subsection (h) of Section 11-501.1 of |
2 | | this Code, the Secretary shall also send written notice |
3 | | informing the person that he or she will be issued a monitoring |
4 | | device driving permit (MDDP). The notice shall include, at |
5 | | minimum, information summarizing the procedure to be followed |
6 | | for issuance of the MDDP, installation of the breath alcohol |
7 | | ignition installation device (BAIID), as provided in this |
8 | | Section, exemption from BAIID installation requirements, and |
9 | | procedures to be followed by those seeking indigent status, as |
10 | | provided in this Section. The notice shall also include |
11 | | information summarizing the procedure to be followed if the |
12 | | person wishes to decline issuance of the MDDP. A copy of the |
13 | | notice shall also be sent to the court of venue together with |
14 | | the notice of suspension of driving privileges, as provided in |
15 | | subsection (h) of Section 11-501. However, a MDDP shall not be |
16 | | issued if the Secretary finds that:
|
17 | | (1) the offender's driver's license is otherwise |
18 | | invalid; |
19 | | (2) death or great bodily harm to another resulted from |
20 | | the arrest for Section 11-501; |
21 | | (3) the offender has been previously convicted of |
22 | | reckless homicide or aggravated driving under the |
23 | | influence involving death; |
24 | | (4) the offender is less than 18 years of age; or |
25 | | (5) the offender is a qualifying patient licensed under |
26 | | the Compassionate Use of Medical Cannabis Pilot Program Act |
|
| | 09800SB3028ham001 | - 55 - | LRB098 16947 RLC 62522 a |
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1 | | who is in possession of a valid registry card issued under |
2 | | that Act and refused to submit to standardized field |
3 | | sobriety tests as required by subsection (a) (a-5) of |
4 | | Section 11-501.9 11-501.1 or did submit to testing which |
5 | | disclosed the person was impaired by the use of cannabis |
6 | | and failed the test or tests . |
7 | | Any offender participating in the MDDP program must pay the |
8 | | Secretary a MDDP Administration Fee in an amount not to exceed |
9 | | $30 per month, to be deposited into the Monitoring Device |
10 | | Driving Permit Administration Fee Fund. The Secretary shall |
11 | | establish by rule the amount and the procedures, terms, and |
12 | | conditions relating to these fees. The offender must have an |
13 | | ignition interlock device installed within 14 days of the date |
14 | | the Secretary issues the MDDP. The ignition interlock device |
15 | | provider must notify the Secretary, in a manner and form |
16 | | prescribed by the Secretary, of the installation. If the |
17 | | Secretary does not receive notice of installation, the |
18 | | Secretary shall cancel the MDDP.
|
19 | | A MDDP shall not become effective prior to the 31st
day of |
20 | | the original statutory summary suspension. |
21 | | Upon receipt of the notice, as provided in paragraph (a) of |
22 | | this Section, the person may file a petition to decline |
23 | | issuance of the MDDP with the court of venue. The court shall |
24 | | admonish the offender of all consequences of declining issuance |
25 | | of the MDDP including, but not limited to, the enhanced |
26 | | penalties for driving while suspended. After being so |
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1 | | admonished, the offender shall be permitted, in writing, to |
2 | | execute a notice declining issuance of the MDDP. This notice |
3 | | shall be filed with the court and forwarded by the clerk of the |
4 | | court to the Secretary. The offender may, at any time |
5 | | thereafter, apply to the Secretary for issuance of a MDDP. |
6 | | (a-1) A person issued a MDDP may drive for any purpose and |
7 | | at any time, subject to the rules adopted by the Secretary |
8 | | under subsection (g). The person must, at his or her own |
9 | | expense, drive only vehicles equipped with an ignition |
10 | | interlock device as defined in Section 1-129.1, but in no event |
11 | | shall such person drive a commercial motor vehicle. |
12 | | (a-2) Persons who are issued a MDDP and must drive |
13 | | employer-owned vehicles in the course of their employment |
14 | | duties may seek permission to drive an employer-owned vehicle |
15 | | that does not have an ignition interlock device. The employer |
16 | | shall provide to the Secretary a form, as prescribed by the |
17 | | Secretary, completed by the employer verifying that the |
18 | | employee must drive an employer-owned vehicle in the course of |
19 | | employment. If approved by the Secretary, the form must be in |
20 | | the driver's possession while operating an employer-owner |
21 | | vehicle not equipped with an ignition interlock device. No |
22 | | person may use this exemption to drive a school bus, school |
23 | | vehicle, or a vehicle designed to transport more than 15 |
24 | | passengers. No person may use this exemption to drive an |
25 | | employer-owned motor vehicle that is owned by an entity that is |
26 | | wholly or partially owned by the person holding the MDDP, or by |
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1 | | a family member of the person holding the MDDP. No person may |
2 | | use this exemption to drive an employer-owned vehicle that is |
3 | | made available to the employee for personal use. No person may |
4 | | drive the exempted vehicle more than 12 hours per day, 6 days |
5 | | per week.
|
6 | | (a-3) Persons who are issued a MDDP and who must drive a |
7 | | farm tractor to and from a farm, within 50 air miles from the |
8 | | originating farm are exempt from installation of a BAIID on the |
9 | | farm tractor, so long as the farm tractor is being used for the |
10 | | exclusive purpose of conducting farm operations. |
11 | | (b) (Blank). |
12 | | (c) (Blank).
|
13 | | (c-1) If the holder of the MDDP is convicted of or receives |
14 | | court supervision for a violation of Section 6-206.2, 6-303, |
15 | | 11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar |
16 | | provision of a local ordinance or a similar out-of-state |
17 | | offense or is convicted of or receives court supervision for |
18 | | any offense for which alcohol or drugs is an element of the |
19 | | offense and in which a motor vehicle was involved (for an |
20 | | arrest other than the one for which the MDDP is issued), or |
21 | | de-installs the BAIID without prior authorization from the |
22 | | Secretary, the MDDP shall be cancelled. |
23 | | (c-5) If the Secretary determines that the person seeking |
24 | | the MDDP is indigent, the Secretary shall provide the person |
25 | | with a written document as evidence of that determination, and |
26 | | the person shall provide that written document to an ignition |
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1 | | interlock device provider. The provider shall install an |
2 | | ignition interlock device on that person's vehicle without |
3 | | charge to the person, and seek reimbursement from the Indigent |
4 | | BAIID Fund.
If the Secretary has deemed an offender indigent, |
5 | | the BAIID provider shall also provide the normal monthly |
6 | | monitoring services and the de-installation without charge to |
7 | | the offender and seek reimbursement from the Indigent BAIID |
8 | | Fund. Any other monetary charges, such as a lockout fee or |
9 | | reset fee, shall be the responsibility of the MDDP holder. A |
10 | | BAIID provider may not seek a security deposit from the |
11 | | Indigent BAIID Fund. |
12 | | (d) MDDP information
shall be available only to the courts, |
13 | | police officers, and the Secretary, except during the actual |
14 | | period the MDDP is valid, during which
time it shall be a |
15 | | public record. |
16 | | (e) (Blank). |
17 | | (f) (Blank). |
18 | | (g) The Secretary shall adopt rules for implementing this |
19 | | Section. The rules adopted shall address issues including, but |
20 | | not limited to: compliance with the requirements of the MDDP; |
21 | | methods for determining compliance with those requirements; |
22 | | the consequences of noncompliance with those requirements; |
23 | | what constitutes a violation of the MDDP; methods for |
24 | | determining indigency; and the duties of a person or entity |
25 | | that supplies the ignition interlock device. |
26 | | (h) The rules adopted under subsection (g) shall provide, |
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1 | | at a minimum, that the person is not in compliance with the |
2 | | requirements of the MDDP if he or she: |
3 | | (1) tampers or attempts to tamper with or circumvent |
4 | | the proper operation of the ignition interlock device; |
5 | | (2) provides valid breath samples that register blood |
6 | | alcohol levels in excess of the number of times allowed |
7 | | under the rules; |
8 | | (3) fails to provide evidence sufficient to satisfy the |
9 | | Secretary that the ignition interlock device has been |
10 | | installed in the designated vehicle or vehicles; or |
11 | | (4) fails to follow any other applicable rules adopted |
12 | | by the Secretary. |
13 | | (i) Any person or entity that supplies an ignition |
14 | | interlock device as provided under this Section shall, in |
15 | | addition to supplying only those devices which fully comply |
16 | | with all the rules adopted under subsection (g), provide the |
17 | | Secretary, within 7 days of inspection, all monitoring reports |
18 | | of each person who has had an ignition interlock device |
19 | | installed. These reports shall be furnished in a manner or form |
20 | | as prescribed by the Secretary. |
21 | | (j) Upon making a determination that a violation of the |
22 | | requirements of the MDDP has occurred, the Secretary shall |
23 | | extend the summary suspension period for an additional 3 months |
24 | | beyond the originally imposed summary suspension period, |
25 | | during which time the person shall only be allowed to drive |
26 | | vehicles equipped with an ignition interlock device; provided |
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1 | | further there are no limitations on the total number of times |
2 | | the summary suspension may be extended. The Secretary may, |
3 | | however, limit the number of extensions imposed for violations |
4 | | occurring during any one monitoring period, as set forth by |
5 | | rule. Any person whose summary suspension is extended pursuant |
6 | | to this Section shall have the right to contest the extension |
7 | | through a hearing with the Secretary, pursuant to Section 2-118 |
8 | | of this Code. If the summary suspension has already terminated |
9 | | prior to the Secretary receiving the monitoring report that |
10 | | shows a violation, the Secretary shall be authorized to suspend |
11 | | the person's driving privileges for 3 months, provided that the |
12 | | Secretary may, by rule, limit the number of suspensions to be |
13 | | entered pursuant to this paragraph for violations occurring |
14 | | during any one monitoring period. Any person whose license is |
15 | | suspended pursuant to this paragraph, after the summary |
16 | | suspension had already terminated, shall have the right to |
17 | | contest the suspension through a hearing with the Secretary, |
18 | | pursuant to Section 2-118 of this Code. The only permit the |
19 | | person shall be eligible for during this new suspension period |
20 | | is a MDDP. |
21 | | (k) A person who has had his or her summary suspension |
22 | | extended for the third time, or has any combination of 3 |
23 | | extensions and new suspensions, entered as a result of a |
24 | | violation that occurred while holding the MDDP, so long as the |
25 | | extensions and new suspensions relate to the same summary |
26 | | suspension, shall have his or her vehicle impounded for a |
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1 | | period of 30 days, at the person's own expense. A person who |
2 | | has his or her summary suspension extended for the fourth time, |
3 | | or has any combination of 4 extensions and new suspensions, |
4 | | entered as a result of a violation that occurred while holding |
5 | | the MDDP, so long as the extensions and new suspensions relate |
6 | | to the same summary suspension, shall have his or her vehicle |
7 | | subject to seizure and forfeiture. The Secretary shall notify |
8 | | the prosecuting authority of any third or fourth extensions or |
9 | | new suspension entered as a result of a violation that occurred |
10 | | while the person held a MDDP. Upon receipt of the notification, |
11 | | the prosecuting authority shall impound or forfeit the vehicle. |
12 | | The impoundment or forfeiture of a vehicle shall be conducted |
13 | | pursuant to the procedure specified in Article 36 of the |
14 | | Criminal Code of 2012. |
15 | | (l) A person whose driving privileges have been suspended |
16 | | under Section 11-501.1 of this Code and who had a MDDP that was |
17 | | cancelled, or would have been cancelled had notification of a |
18 | | violation been received prior to expiration of the MDDP, |
19 | | pursuant to subsection (c-1) of this Section, shall not be |
20 | | eligible for reinstatement when the summary suspension is |
21 | | scheduled to terminate. Instead, the person's driving |
22 | | privileges shall be suspended for a period of not less than |
23 | | twice the original summary suspension period, or for the length |
24 | | of any extensions entered under subsection (j), whichever is |
25 | | longer. During the period of suspension, the person shall be |
26 | | eligible only to apply for a restricted driving permit. If a |
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1 | | restricted driving permit is granted, the offender may only |
2 | | operate vehicles equipped with a BAIID in accordance with this |
3 | | Section. |
4 | | (m) Any person or entity that supplies an ignition |
5 | | interlock device under this Section shall, for each ignition |
6 | | interlock device installed, pay 5% of the total gross revenue |
7 | | received for the device, including monthly monitoring fees, |
8 | | into the Indigent BAIID Fund. This 5% shall be clearly |
9 | | indicated as a separate surcharge on each invoice that is |
10 | | issued. The Secretary shall conduct an annual review of the |
11 | | fund to determine whether the surcharge is sufficient to |
12 | | provide for indigent users. The Secretary may increase or |
13 | | decrease this surcharge requirement as needed. |
14 | | (n) Any person or entity that supplies an ignition |
15 | | interlock device under this Section that is requested to |
16 | | provide an ignition interlock device to a person who presents |
17 | | written documentation of indigency from the Secretary, as |
18 | | provided in subsection (c-5) of this Section, shall install the |
19 | | device on the person's vehicle without charge to the person and |
20 | | shall seek reimbursement from the Indigent BAIID Fund. |
21 | | (o) The Indigent BAIID Fund is created as a special fund in |
22 | | the State treasury. The Secretary shall, subject to |
23 | | appropriation by the General Assembly, use all money in the |
24 | | Indigent BAIID Fund to reimburse ignition interlock device |
25 | | providers who have installed devices in vehicles of indigent |
26 | | persons. The Secretary shall make payments to such providers |
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1 | | every 3 months. If the amount of money in the fund at the time |
2 | | payments are made is not sufficient to pay all requests for |
3 | | reimbursement submitted during that 3 month period, the |
4 | | Secretary shall make payments on a pro-rata basis, and those |
5 | | payments shall be considered payment in full for the requests |
6 | | submitted. |
7 | | (p) The Monitoring Device Driving Permit Administration |
8 | | Fee Fund is created as a special fund in the State treasury. |
9 | | The Secretary shall, subject to appropriation by the General |
10 | | Assembly, use the money paid into this fund to offset its |
11 | | administrative costs for administering MDDPs.
|
12 | | (q) The Secretary is authorized to prescribe such forms as |
13 | | it deems necessary to carry out the provisions of this Section. |
14 | | (Source: P.A. 97-229, eff. 7-28-11; 97-813, eff. 7-13-12; |
15 | | 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1015, eff. |
16 | | 8-22-14.) |
17 | | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) |
18 | | Sec. 6-208.1. Period of statutory summary alcohol, other |
19 | | drug,
or intoxicating compound related suspension or |
20 | | revocation. |
21 | | (a) Unless the statutory summary suspension has been |
22 | | rescinded, any
person whose privilege to drive a motor vehicle |
23 | | on the public highways has
been summarily suspended, pursuant |
24 | | to Section 11-501.1, shall not be
eligible for restoration of |
25 | | the privilege until the expiration of: |
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1 | | 1. twelve months from the effective date of the |
2 | | statutory summary suspension
for a refusal or failure to |
3 | | complete a test or tests to determine the alcohol, other |
4 | | drug, or intoxicating compound concentration authorized |
5 | | under
Section 11-501.1, if the person was not involved in a |
6 | | motor vehicle accident that caused personal injury or death |
7 | | to another; or |
8 | | 2. six months from the effective date of the statutory |
9 | | summary
suspension imposed following the person's |
10 | | submission to a chemical test
which disclosed an alcohol |
11 | | concentration of 0.08 or more, or any
amount
of a
drug, |
12 | | substance, or intoxicating compound in such person's
|
13 | | breath, blood, or
urine resulting
from the unlawful use or |
14 | | consumption of cannabis listed in the Cannabis
Control Act, |
15 | | a controlled substance listed in the Illinois
Controlled
|
16 | | Substances Act, an intoxicating compound listed in the Use |
17 | | of Intoxicating
Compounds Act, or methamphetamine as |
18 | | listed in the Methamphetamine Control and Community |
19 | | Protection Act, pursuant to Section 11-501.1; or |
20 | | 3. three years from the effective date of the statutory |
21 | | summary suspension
for any person other than a first |
22 | | offender who refuses or fails to
complete a test or tests |
23 | | to determine the alcohol, drug, or
intoxicating
compound |
24 | | concentration
pursuant to Section 11-501.1; or |
25 | | 4. one year from the effective date of the summary |
26 | | suspension imposed
for any person other than a first |
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1 | | offender following submission to a
chemical test which |
2 | | disclosed an alcohol concentration of 0.08 or
more
pursuant |
3 | | to Section 11-501.1 or any amount of a drug, substance or
|
4 | | compound in such person's blood or urine resulting from the |
5 | | unlawful use or
consumption of cannabis listed in the |
6 | | Cannabis Control Act, a
controlled
substance listed in the |
7 | | Illinois Controlled Substances Act, an
intoxicating
|
8 | | compound listed in the Use of Intoxicating Compounds Act, |
9 | | or methamphetamine as listed in the Methamphetamine |
10 | | Control and Community Protection Act; or |
11 | | 5. (Blank). six months from the effective date of the |
12 | | statutory summary suspension imposed for any person |
13 | | following submission to a standardized field sobriety test |
14 | | that disclosed impairment if the person is a qualifying |
15 | | patient licensed under the Compassionate Use of Medical |
16 | | Cannabis Pilot Program Act who is in possession of a valid |
17 | | registry card issued under that Act and submitted to |
18 | | testing under subsection (a-5) of Section 11-501.1. |
19 | | (b) Following a statutory summary suspension of the |
20 | | privilege to drive a
motor vehicle under Section 11-501.1, |
21 | | driving privileges shall be
restored unless the person is |
22 | | otherwise suspended, revoked, or cancelled by this Code. If
the |
23 | | court has reason to believe that the person's
driving privilege |
24 | | should not be restored, the court shall notify
the Secretary of |
25 | | State prior to the expiration of the statutory summary
|
26 | | suspension so appropriate action may be taken pursuant to this |
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1 | | Code. |
2 | | (c) Driving privileges may not be restored until all |
3 | | applicable
reinstatement fees, as provided by this Code, have |
4 | | been paid to the Secretary
of State and the appropriate entry |
5 | | made to the driver's record. |
6 | | (d) Where a driving privilege has been summarily suspended |
7 | | or revoked under Section
11-501.1 and the person is |
8 | | subsequently convicted of violating Section
11-501, or a |
9 | | similar provision of a local ordinance, for the same incident,
|
10 | | any period served on statutory summary suspension or revocation |
11 | | shall be credited toward
the minimum period of revocation of |
12 | | driving privileges imposed pursuant to
Section 6-205. |
13 | | (e) A first offender who refused chemical testing and whose |
14 | | driving privileges were summarily revoked pursuant to Section |
15 | | 11-501.1 shall not be eligible for a monitoring device driving |
16 | | permit, but may make application for reinstatement or for a |
17 | | restricted driving permit after a period of one year has |
18 | | elapsed from the effective date of the revocation. |
19 | | (f) (Blank). |
20 | | (g) Following a statutory summary suspension of driving |
21 | | privileges
pursuant to Section 11-501.1 where the person was |
22 | | not a first offender, as
defined in Section 11-500, the |
23 | | Secretary of State may not issue a
restricted driving permit. |
24 | | (h) (Blank). |
25 | | (Source: P.A. 97-229, eff. 7-28-11; 98-122, eff. 1-1-14; |
26 | | 98-1015, eff. 8-22-14.)
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1 | | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
|
2 | | (Text of Section before amendment by P.A. 98-176 )
|
3 | | Sec. 6-514. Commercial driver's license (CDL); commercial |
4 | | learner's permit (CLP); disqualifications.
|
5 | | (a) A person shall be disqualified from driving a |
6 | | commercial motor
vehicle for a period of not less than 12 |
7 | | months for the first violation of:
|
8 | | (1) Refusing to submit to or failure to complete a test |
9 | | or tests to determine the driver's blood concentration of |
10 | | alcohol, other drug, or both authorized under Section |
11 | | 11-501.1
while driving a commercial motor vehicle or, if |
12 | | the driver is a CDL holder, while driving a non-CMV; or
|
13 | | (2) Operating a commercial motor vehicle while the |
14 | | alcohol
concentration of the person's blood, breath or |
15 | | urine is at least 0.04, or any
amount of a drug, substance, |
16 | | or compound in the person's blood or urine
resulting from |
17 | | the unlawful use or consumption of cannabis listed in the
|
18 | | Cannabis Control Act, a controlled substance listed in the |
19 | | Illinois
Controlled Substances Act, or methamphetamine as |
20 | | listed in the Methamphetamine Control and Community |
21 | | Protection Act as indicated by a police officer's sworn |
22 | | report or
other verified evidence; or operating a |
23 | | non-commercial motor vehicle while the alcohol |
24 | | concentration of the person's blood, breath, or urine was |
25 | | above the legal limit defined in Section 11-501.1 or |
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1 | | 11-501.8 or any amount of a drug, substance, or compound in |
2 | | the person's blood or urine resulting from the unlawful use |
3 | | or consumption of cannabis listed in the Cannabis Control |
4 | | Act, a controlled substance listed in the Illinois |
5 | | Controlled Substances Act, or methamphetamine as listed in |
6 | | the Methamphetamine Control and Community Protection Act
|
7 | | as indicated by a police officer's sworn report or other |
8 | | verified evidence while holding a commercial driver's |
9 | | license; or
|
10 | | (3) Conviction for a first violation of:
|
11 | | (i) Driving a commercial motor vehicle or, if the |
12 | | driver is a CDL holder, driving a non-CMV while under |
13 | | the influence of
alcohol, or any other drug, or |
14 | | combination of drugs to a degree which
renders such |
15 | | person incapable of safely driving; or
|
16 | | (ii) Knowingly leaving the scene of an accident |
17 | | while
operating a commercial motor vehicle or, if the |
18 | | driver is a CDL holder, while driving a non-CMV; or
|
19 | | (iii) Driving a commercial motor vehicle or, if the |
20 | | driver is a CDL holder, driving a non-CMV while |
21 | | committing any felony; or |
22 | | (iv) Driving a commercial motor vehicle while the |
23 | | person's driving privileges or driver's license or |
24 | | permit is revoked, suspended, or cancelled or the |
25 | | driver is disqualified from operating a commercial |
26 | | motor vehicle; or |
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1 | | (v) Causing a fatality through the negligent |
2 | | operation of a commercial motor vehicle, including but |
3 | | not limited to the crimes of motor vehicle |
4 | | manslaughter, homicide by a motor vehicle, and |
5 | | negligent homicide. |
6 | | As used in this subdivision (a)(3)(v), "motor |
7 | | vehicle manslaughter" means the offense of involuntary |
8 | | manslaughter if committed by means of a vehicle; |
9 | | "homicide by a motor vehicle" means the offense of |
10 | | first degree murder or second degree murder, if either |
11 | | offense is committed by means of a vehicle; and |
12 | | "negligent homicide" means reckless homicide under |
13 | | Section 9-3 of the Criminal Code of 1961 or the |
14 | | Criminal Code of 2012 and aggravated driving under the |
15 | | influence of alcohol, other drug or drugs, |
16 | | intoxicating compound or compounds, or any combination |
17 | | thereof under subdivision (d)(1)(F) of Section 11-501 |
18 | | of this Code.
|
19 | | If any of the above violations or refusals occurred |
20 | | while
transporting hazardous material(s) required to be |
21 | | placarded, the person
shall be disqualified for a period of |
22 | | not less than 3 years; or
|
23 | | (4) (Blank). If the person is a qualifying patient |
24 | | licensed under the Compassionate Use of Medical Cannabis |
25 | | Pilot Program Act who is in possession of a valid registry |
26 | | card issued under that Act, operating a commercial motor |
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1 | | vehicle under impairment resulting from the consumption of |
2 | | cannabis, as determined by failure of standardized field |
3 | | sobriety tests administered by a law enforcement officer as |
4 | | directed by subsection (a-5) of Section 11-501.2. |
5 | | (b) A person is disqualified for life for a second |
6 | | conviction of any of
the offenses specified in paragraph (a), |
7 | | or any combination of those
offenses, arising from 2 or more |
8 | | separate incidents.
|
9 | | (c) A person is disqualified from driving a commercial |
10 | | motor vehicle for
life if the person either (i) uses a |
11 | | commercial motor vehicle in the commission of any felony
|
12 | | involving the manufacture, distribution, or dispensing of a |
13 | | controlled
substance, or possession with intent to |
14 | | manufacture, distribute or dispense
a controlled substance or |
15 | | (ii) if the person is a CDL holder, uses a non-CMV in the |
16 | | commission of a felony involving any of those activities.
|
17 | | (d) The Secretary of State may, when the United States |
18 | | Secretary of
Transportation so authorizes, issue regulations |
19 | | in which a disqualification
for life under paragraph (b) may be |
20 | | reduced to a period of not less than 10
years.
If a reinstated |
21 | | driver is subsequently convicted of another disqualifying
|
22 | | offense, as specified in subsection (a) of this Section, he or |
23 | | she shall be
permanently disqualified for life and shall be |
24 | | ineligible to again apply for a
reduction of the lifetime |
25 | | disqualification.
|
26 | | (e) A person is disqualified from driving a commercial |
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1 | | motor vehicle for
a period of not less than 2 months if |
2 | | convicted of 2 serious traffic
violations, committed in a |
3 | | commercial motor vehicle, non-CMV while holding a CDL, or any |
4 | | combination thereof, arising from separate
incidents, |
5 | | occurring within a 3 year period, provided the serious traffic |
6 | | violation committed in a non-CMV would result in the suspension |
7 | | or revocation of the CDL holder's non-CMV privileges. However, |
8 | | a person will be
disqualified from driving a commercial motor |
9 | | vehicle for a period of not less
than 4 months if convicted of |
10 | | 3 serious traffic violations, committed in a
commercial motor |
11 | | vehicle, non-CMV while holding a CDL, or any combination |
12 | | thereof, arising from separate incidents, occurring within a 3
|
13 | | year period, provided the serious traffic violation committed |
14 | | in a non-CMV would result in the suspension or revocation of |
15 | | the CDL holder's non-CMV privileges. If all the convictions |
16 | | occurred in a non-CMV, the disqualification shall be entered |
17 | | only if the convictions would result in the suspension or |
18 | | revocation of the CDL holder's non-CMV privileges.
|
19 | | (e-1) (Blank).
|
20 | | (f) Notwithstanding any other provision of this Code, any |
21 | | driver
disqualified from operating a commercial motor vehicle, |
22 | | pursuant to this
UCDLA, shall not be eligible for restoration |
23 | | of commercial driving
privileges during any such period of |
24 | | disqualification.
|
25 | | (g) After suspending, revoking, or cancelling a commercial |
26 | | driver's
license, the Secretary of State must update the |
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1 | | driver's records to reflect
such action within 10 days. After |
2 | | suspending or revoking the driving privilege
of any person who |
3 | | has been issued a CDL or commercial driver instruction permit
|
4 | | from another jurisdiction, the Secretary shall originate |
5 | | notification to
such issuing jurisdiction within 10 days.
|
6 | | (h) The "disqualifications" referred to in this Section |
7 | | shall not be
imposed upon any commercial motor vehicle driver, |
8 | | by the Secretary of
State, unless the prohibited action(s) |
9 | | occurred after March 31, 1992.
|
10 | | (i) A person is disqualified from driving a commercial |
11 | | motor vehicle in
accordance with the following:
|
12 | | (1) For 6 months upon a first conviction of paragraph |
13 | | (2) of subsection
(b) or subsection (b-3) of Section 6-507 |
14 | | of this Code.
|
15 | | (2) For 2 years upon a second conviction of paragraph |
16 | | (2) of subsection
(b) or subsection (b-3) or any |
17 | | combination of paragraphs (2) or (3) of subsection (b) or |
18 | | subsections (b-3) or (b-5) of Section 6-507 of this Code |
19 | | within a 10-year period if the second conviction is a |
20 | | violation of paragraph (2) of subsection (b) or subsection |
21 | | (b-3).
|
22 | | (3) For 3 years upon a third or subsequent conviction |
23 | | of paragraph (2) of
subsection (b) or subsection (b-3) or |
24 | | any combination of paragraphs (2) or (3) of subsection (b) |
25 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code |
26 | | within a 10-year period if the third or subsequent |
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1 | | conviction is a violation of paragraph (2) of subsection |
2 | | (b) or subsection (b-3).
|
3 | | (4) For one year upon a first conviction of paragraph |
4 | | (3) of subsection
(b) or subsection (b-5) of Section 6-507 |
5 | | of this Code.
|
6 | | (5) For 3 years upon a second conviction of paragraph |
7 | | (3) of subsection
(b) or subsection (b-5) or any |
8 | | combination of paragraphs (2) or (3) of subsection (b) or |
9 | | subsections (b-3) or (b-5) of Section 6-507 of this Code |
10 | | within a 10-year period if the second conviction is a |
11 | | violation of paragraph (3) of subsection (b) or (b-5).
|
12 | | (6) For 5 years upon a third or subsequent conviction |
13 | | of paragraph (3) of
subsection (b) or subsection (b-5) or |
14 | | any combination of paragraphs (2) or (3) of subsection (b) |
15 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code |
16 | | within a 10-year period if the third or subsequent |
17 | | conviction is a violation of paragraph (3) of subsection |
18 | | (b) or (b-5).
|
19 | | (j) Disqualification for railroad-highway grade crossing
|
20 | | violation.
|
21 | | (1) General rule. A driver who is convicted of a |
22 | | violation of a federal,
State, or
local law or regulation |
23 | | pertaining to
one of the following 6 offenses at a |
24 | | railroad-highway grade crossing must be
disqualified
from |
25 | | operating a commercial motor vehicle for the period of time |
26 | | specified in
paragraph (2) of this subsection (j) if the |
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1 | | offense was committed while
operating a commercial motor |
2 | | vehicle:
|
3 | | (i) For drivers who are not required to always |
4 | | stop, failing to
slow down and check that the tracks |
5 | | are clear of an approaching train or railroad track |
6 | | equipment, as
described in subsection (a-5) of Section |
7 | | 11-1201 of this Code;
|
8 | | (ii) For drivers who are not required to always |
9 | | stop, failing to
stop before reaching the crossing, if |
10 | | the tracks are not clear, as described in
subsection |
11 | | (a) of Section 11-1201 of this Code;
|
12 | | (iii) For drivers who are always required to stop, |
13 | | failing to stop
before driving onto the crossing, as |
14 | | described in Section 11-1202 of this Code;
|
15 | | (iv) For all drivers, failing to have sufficient |
16 | | space to drive
completely through the crossing without |
17 | | stopping, as described in subsection
(b) of Section |
18 | | 11-1425 of this Code;
|
19 | | (v) For all drivers, failing to obey a traffic |
20 | | control device or
the directions of an enforcement |
21 | | official at the crossing, as described in
subdivision |
22 | | (a)2 of Section 11-1201 of this Code;
|
23 | | (vi) For all drivers, failing to negotiate a |
24 | | crossing because of
insufficient undercarriage |
25 | | clearance, as described in subsection (d-1) of
Section |
26 | | 11-1201 of this Code.
|
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1 | | (2) Duration of disqualification for railroad-highway |
2 | | grade
crossing violation.
|
3 | | (i) First violation. A driver must be disqualified |
4 | | from operating a
commercial motor vehicle
for not less |
5 | | than 60 days if the driver is convicted of a violation |
6 | | described
in paragraph
(1) of this subsection (j) and, |
7 | | in the three-year period preceding the
conviction, the |
8 | | driver
had no convictions for a violation described in |
9 | | paragraph (1) of this
subsection (j).
|
10 | | (ii) Second violation. A driver must be |
11 | | disqualified from operating a
commercial
motor vehicle
|
12 | | for not less
than 120 days if the driver is convicted
|
13 | | of a violation described in paragraph (1) of this |
14 | | subsection (j) and, in the
three-year
period preceding |
15 | | the conviction, the driver had one other conviction for |
16 | | a
violation
described in paragraph (1) of this |
17 | | subsection (j) that was committed in a
separate
|
18 | | incident.
|
19 | | (iii) Third or subsequent violation. A driver must |
20 | | be disqualified from
operating a
commercial motor |
21 | | vehicle
for not less than one year if the driver is |
22 | | convicted
of a violation described in paragraph (1) of |
23 | | this subsection (j) and, in the
three-year
period |
24 | | preceding the conviction, the driver had 2 or more |
25 | | other convictions for
violations
described in |
26 | | paragraph (1) of this subsection (j) that were |
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1 | | committed in
separate incidents.
|
2 | | (k) Upon notification of a disqualification of a driver's |
3 | | commercial motor vehicle privileges imposed by the U.S. |
4 | | Department of Transportation, Federal Motor Carrier Safety |
5 | | Administration, in accordance with 49 C.F.R. 383.52, the |
6 | | Secretary of State shall immediately record to the driving |
7 | | record the notice of disqualification and confirm to the driver |
8 | | the action that has been taken.
|
9 | | (l) A foreign commercial driver is subject to |
10 | | disqualification under this Section. |
11 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; |
12 | | 98-122, eff. 1-1-14; 98-722, eff. 7-16-14; 98-756, eff. |
13 | | 7-16-14.) |
14 | | (Text of Section after amendment by P.A. 98-176 )
|
15 | | Sec. 6-514. Commercial driver's license (CDL); commercial |
16 | | learner's permit (CLP); disqualifications.
|
17 | | (a) A person shall be disqualified from driving a |
18 | | commercial motor
vehicle for a period of not less than 12 |
19 | | months for the first violation of:
|
20 | | (1) Refusing to submit to or failure to complete a test |
21 | | or tests to determine the driver's blood concentration of |
22 | | alcohol, other drug, or both authorized under Section |
23 | | 11-501.1
while driving a commercial motor vehicle or, if |
24 | | the driver is a CLP or CDL holder, while driving a non-CMV; |
25 | | or
|
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1 | | (2) Operating a commercial motor vehicle while the |
2 | | alcohol
concentration of the person's blood, breath or |
3 | | urine is at least 0.04, or any
amount of a drug, substance, |
4 | | or compound in the person's blood or urine
resulting from |
5 | | the unlawful use or consumption of cannabis listed in the
|
6 | | Cannabis Control Act, a controlled substance listed in the |
7 | | Illinois
Controlled Substances Act, or methamphetamine as |
8 | | listed in the Methamphetamine Control and Community |
9 | | Protection Act as indicated by a police officer's sworn |
10 | | report or
other verified evidence; or operating a |
11 | | non-commercial motor vehicle while the alcohol |
12 | | concentration of the person's blood, breath, or urine was |
13 | | above the legal limit defined in Section 11-501.1 or |
14 | | 11-501.8 or any amount of a drug, substance, or compound in |
15 | | the person's blood or urine resulting from the unlawful use |
16 | | or consumption of cannabis listed in the Cannabis Control |
17 | | Act, a controlled substance listed in the Illinois |
18 | | Controlled Substances Act, or methamphetamine as listed in |
19 | | the Methamphetamine Control and Community Protection Act
|
20 | | as indicated by a police officer's sworn report or other |
21 | | verified evidence while holding a CLP or CDL; or
|
22 | | (3) Conviction for a first violation of:
|
23 | | (i) Driving a commercial motor vehicle or, if the |
24 | | driver is a CLP or CDL holder, driving a non-CMV while |
25 | | under the influence of
alcohol, or any other drug, or |
26 | | combination of drugs to a degree which
renders such |
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1 | | person incapable of safely driving; or
|
2 | | (ii) Knowingly leaving the scene of an accident |
3 | | while
operating a commercial motor vehicle or, if the |
4 | | driver is a CLP or CDL holder, while driving a non-CMV; |
5 | | or
|
6 | | (iii) Driving a commercial motor vehicle or, if the |
7 | | driver is a CLP or CDL holder, driving a non-CMV while |
8 | | committing any felony; or |
9 | | (iv) Driving a commercial motor vehicle while the |
10 | | person's driving privileges or driver's license or |
11 | | permit is revoked, suspended, or cancelled or the |
12 | | driver is disqualified from operating a commercial |
13 | | motor vehicle; or |
14 | | (v) Causing a fatality through the negligent |
15 | | operation of a commercial motor vehicle, including but |
16 | | not limited to the crimes of motor vehicle |
17 | | manslaughter, homicide by a motor vehicle, and |
18 | | negligent homicide. |
19 | | As used in this subdivision (a)(3)(v), "motor |
20 | | vehicle manslaughter" means the offense of involuntary |
21 | | manslaughter if committed by means of a vehicle; |
22 | | "homicide by a motor vehicle" means the offense of |
23 | | first degree murder or second degree murder, if either |
24 | | offense is committed by means of a vehicle; and |
25 | | "negligent homicide" means reckless homicide under |
26 | | Section 9-3 of the Criminal Code of 1961 or the |
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1 | | Criminal Code of 2012 and aggravated driving under the |
2 | | influence of alcohol, other drug or drugs, |
3 | | intoxicating compound or compounds, or any combination |
4 | | thereof under subdivision (d)(1)(F) of Section 11-501 |
5 | | of this Code.
|
6 | | If any of the above violations or refusals occurred |
7 | | while
transporting hazardous material(s) required to be |
8 | | placarded, the person
shall be disqualified for a period of |
9 | | not less than 3 years; or
|
10 | | (4) (Blank). If the person is a qualifying patient |
11 | | licensed under the Compassionate Use of Medical Cannabis |
12 | | Pilot Program Act who is in possession of a valid registry |
13 | | card issued under that Act, operating a commercial motor |
14 | | vehicle under impairment resulting from the consumption of |
15 | | cannabis, as determined by failure of standardized field |
16 | | sobriety tests administered by a law enforcement officer as |
17 | | directed by subsection (a-5) of Section 11-501.2. |
18 | | (b) A person is disqualified for life for a second |
19 | | conviction of any of
the offenses specified in paragraph (a), |
20 | | or any combination of those
offenses, arising from 2 or more |
21 | | separate incidents.
|
22 | | (c) A person is disqualified from driving a commercial |
23 | | motor vehicle for
life if the person either (i) uses a |
24 | | commercial motor vehicle in the commission of any felony
|
25 | | involving the manufacture, distribution, or dispensing of a |
26 | | controlled
substance, or possession with intent to |
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1 | | manufacture, distribute or dispense
a controlled substance or |
2 | | (ii) if the person is a CLP or CDL holder, uses a non-CMV in the |
3 | | commission of a felony involving any of those activities.
|
4 | | (d) The Secretary of State may, when the United States |
5 | | Secretary of
Transportation so authorizes, issue regulations |
6 | | in which a disqualification
for life under paragraph (b) may be |
7 | | reduced to a period of not less than 10
years.
If a reinstated |
8 | | driver is subsequently convicted of another disqualifying
|
9 | | offense, as specified in subsection (a) of this Section, he or |
10 | | she shall be
permanently disqualified for life and shall be |
11 | | ineligible to again apply for a
reduction of the lifetime |
12 | | disqualification.
|
13 | | (e) A person is disqualified from driving a commercial |
14 | | motor vehicle for
a period of not less than 2 months if |
15 | | convicted of 2 serious traffic
violations, committed in a |
16 | | commercial motor vehicle, non-CMV while holding a CLP or CDL, |
17 | | or any combination thereof, arising from separate
incidents, |
18 | | occurring within a 3 year period, provided the serious traffic |
19 | | violation committed in a non-CMV would result in the suspension |
20 | | or revocation of the CLP or CDL holder's non-CMV privileges. |
21 | | However, a person will be
disqualified from driving a |
22 | | commercial motor vehicle for a period of not less
than 4 months |
23 | | if convicted of 3 serious traffic violations, committed in a
|
24 | | commercial motor vehicle, non-CMV while holding a CLP or CDL, |
25 | | or any combination thereof, arising from separate incidents, |
26 | | occurring within a 3
year period, provided the serious traffic |
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1 | | violation committed in a non-CMV would result in the suspension |
2 | | or revocation of the CLP or CDL holder's non-CMV privileges. If |
3 | | all the convictions occurred in a non-CMV, the disqualification |
4 | | shall be entered only if the convictions would result in the |
5 | | suspension or revocation of the CLP or CDL holder's non-CMV |
6 | | privileges.
|
7 | | (e-1) (Blank).
|
8 | | (f) Notwithstanding any other provision of this Code, any |
9 | | driver
disqualified from operating a commercial motor vehicle, |
10 | | pursuant to this
UCDLA, shall not be eligible for restoration |
11 | | of commercial driving
privileges during any such period of |
12 | | disqualification.
|
13 | | (g) After suspending, revoking, or cancelling a CLP or CDL, |
14 | | the Secretary of State must update the driver's records to |
15 | | reflect
such action within 10 days. After suspending or |
16 | | revoking the driving privilege
of any person who has been |
17 | | issued a CLP or CDL from another jurisdiction, the Secretary |
18 | | shall originate notification to
such issuing jurisdiction |
19 | | within 10 days.
|
20 | | (h) The "disqualifications" referred to in this Section |
21 | | shall not be
imposed upon any commercial motor vehicle driver, |
22 | | by the Secretary of
State, unless the prohibited action(s) |
23 | | occurred after March 31, 1992.
|
24 | | (i) A person is disqualified from driving a commercial |
25 | | motor vehicle in
accordance with the following:
|
26 | | (1) For 6 months upon a first conviction of paragraph |
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1 | | (2) of subsection
(b) or subsection (b-3) of Section 6-507 |
2 | | of this Code.
|
3 | | (2) For 2 years upon a second conviction of paragraph |
4 | | (2) of subsection
(b) or subsection (b-3) or any |
5 | | combination of paragraphs (2) or (3) of subsection (b) or |
6 | | subsections (b-3) or (b-5) of Section 6-507 of this Code |
7 | | within a 10-year period if the second conviction is a |
8 | | violation of paragraph (2) of subsection (b) or subsection |
9 | | (b-3).
|
10 | | (3) For 3 years upon a third or subsequent conviction |
11 | | of paragraph (2) of
subsection (b) or subsection (b-3) or |
12 | | any combination of paragraphs (2) or (3) of subsection (b) |
13 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code |
14 | | within a 10-year period if the third or subsequent |
15 | | conviction is a violation of paragraph (2) of subsection |
16 | | (b) or subsection (b-3).
|
17 | | (4) For one year upon a first conviction of paragraph |
18 | | (3) of subsection
(b) or subsection (b-5) of Section 6-507 |
19 | | of this Code.
|
20 | | (5) For 3 years upon a second conviction of paragraph |
21 | | (3) of subsection
(b) or subsection (b-5) or any |
22 | | combination of paragraphs (2) or (3) of subsection (b) or |
23 | | subsections (b-3) or (b-5) of Section 6-507 of this Code |
24 | | within a 10-year period if the second conviction is a |
25 | | violation of paragraph (3) of subsection (b) or (b-5).
|
26 | | (6) For 5 years upon a third or subsequent conviction |
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1 | | of paragraph (3) of
subsection (b) or subsection (b-5) or |
2 | | any combination of paragraphs (2) or (3) of subsection (b) |
3 | | or subsections (b-3) or (b-5) of Section 6-507 of this Code |
4 | | within a 10-year period if the third or subsequent |
5 | | conviction is a violation of paragraph (3) of subsection |
6 | | (b) or (b-5).
|
7 | | (j) Disqualification for railroad-highway grade crossing
|
8 | | violation.
|
9 | | (1) General rule. A driver who is convicted of a |
10 | | violation of a federal,
State, or
local law or regulation |
11 | | pertaining to
one of the following 6 offenses at a |
12 | | railroad-highway grade crossing must be
disqualified
from |
13 | | operating a commercial motor vehicle for the period of time |
14 | | specified in
paragraph (2) of this subsection (j) if the |
15 | | offense was committed while
operating a commercial motor |
16 | | vehicle:
|
17 | | (i) For drivers who are not required to always |
18 | | stop, failing to
slow down and check that the tracks |
19 | | are clear of an approaching train or railroad track |
20 | | equipment, as
described in subsection (a-5) of Section |
21 | | 11-1201 of this Code;
|
22 | | (ii) For drivers who are not required to always |
23 | | stop, failing to
stop before reaching the crossing, if |
24 | | the tracks are not clear, as described in
subsection |
25 | | (a) of Section 11-1201 of this Code;
|
26 | | (iii) For drivers who are always required to stop, |
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1 | | failing to stop
before driving onto the crossing, as |
2 | | described in Section 11-1202 of this Code;
|
3 | | (iv) For all drivers, failing to have sufficient |
4 | | space to drive
completely through the crossing without |
5 | | stopping, as described in subsection
(b) of Section |
6 | | 11-1425 of this Code;
|
7 | | (v) For all drivers, failing to obey a traffic |
8 | | control device or
the directions of an enforcement |
9 | | official at the crossing, as described in
subdivision |
10 | | (a)2 of Section 11-1201 of this Code;
|
11 | | (vi) For all drivers, failing to negotiate a |
12 | | crossing because of
insufficient undercarriage |
13 | | clearance, as described in subsection (d-1) of
Section |
14 | | 11-1201 of this Code.
|
15 | | (2) Duration of disqualification for railroad-highway |
16 | | grade
crossing violation.
|
17 | | (i) First violation. A driver must be disqualified |
18 | | from operating a
commercial motor vehicle
for not less |
19 | | than 60 days if the driver is convicted of a violation |
20 | | described
in paragraph
(1) of this subsection (j) and, |
21 | | in the three-year period preceding the
conviction, the |
22 | | driver
had no convictions for a violation described in |
23 | | paragraph (1) of this
subsection (j).
|
24 | | (ii) Second violation. A driver must be |
25 | | disqualified from operating a
commercial
motor vehicle
|
26 | | for not less
than 120 days if the driver is convicted
|
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1 | | of a violation described in paragraph (1) of this |
2 | | subsection (j) and, in the
three-year
period preceding |
3 | | the conviction, the driver had one other conviction for |
4 | | a
violation
described in paragraph (1) of this |
5 | | subsection (j) that was committed in a
separate
|
6 | | incident.
|
7 | | (iii) Third or subsequent violation. A driver must |
8 | | be disqualified from
operating a
commercial motor |
9 | | vehicle
for not less than one year if the driver is |
10 | | convicted
of a violation described in paragraph (1) of |
11 | | this subsection (j) and, in the
three-year
period |
12 | | preceding the conviction, the driver had 2 or more |
13 | | other convictions for
violations
described in |
14 | | paragraph (1) of this subsection (j) that were |
15 | | committed in
separate incidents.
|
16 | | (k) Upon notification of a disqualification of a driver's |
17 | | commercial motor vehicle privileges imposed by the U.S. |
18 | | Department of Transportation, Federal Motor Carrier Safety |
19 | | Administration, in accordance with 49 C.F.R. 383.52, the |
20 | | Secretary of State shall immediately record to the driving |
21 | | record the notice of disqualification and confirm to the driver |
22 | | the action that has been taken.
|
23 | | (l) A foreign commercial driver is subject to |
24 | | disqualification under this Section. |
25 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; |
26 | | 98-122, eff. 1-1-14; 98-176, eff. 7-8-15 (see Section 10 of |
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1 | | P.A. 98-722 for the effective date of changes made by P.A. |
2 | | 98-176); 98-722, eff. 7-16-14; 98-756, eff. 7-16-14.)
|
3 | | (625 ILCS 5/11-501.1)
|
4 | | Sec. 11-501.1. Suspension of drivers license; statutory |
5 | | summary
alcohol, other drug or drugs, or intoxicating compound |
6 | | or
compounds related suspension or revocation; implied |
7 | | consent. |
8 | | (a) Any person who drives or is in actual physical control |
9 | | of a motor
vehicle upon the public highways of this State shall |
10 | | be deemed to have given
consent, subject to the provisions of |
11 | | Section 11-501.2, to a chemical test or
tests of blood, breath, |
12 | | or urine for the purpose of determining the content of
alcohol, |
13 | | other drug or drugs, or intoxicating compound or compounds or
|
14 | | any combination thereof in the person's blood if arrested,
as |
15 | | evidenced by the issuance of a Uniform Traffic Ticket, for any |
16 | | offense
as defined in Section 11-501 or a similar provision of |
17 | | a local ordinance, or if arrested for violating Section 11-401.
|
18 | | If a law enforcement officer has probable cause to believe the |
19 | | person was under the influence of alcohol, other drug or drugs, |
20 | | intoxicating compound or compounds, or any combination |
21 | | thereof, the law enforcement officer shall request a chemical |
22 | | test or tests which shall be administered at the direction of |
23 | | the arresting
officer. The law enforcement agency employing the |
24 | | officer shall designate which
of the aforesaid tests shall be |
25 | | administered. A urine test may be administered
even after a |
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1 | | blood or breath test or both has
been administered. For |
2 | | purposes of this Section, an Illinois law
enforcement officer |
3 | | of this State who is investigating the person for any
offense |
4 | | defined in Section 11-501 may travel into an adjoining state, |
5 | | where
the person has been transported for medical care, to |
6 | | complete an
investigation and to request that the person submit |
7 | | to the test or tests
set forth in this Section. The |
8 | | requirements of this Section that the
person be arrested are |
9 | | inapplicable, but the officer shall issue the person
a Uniform |
10 | | Traffic Ticket for an offense as defined in Section 11-501 or a
|
11 | | similar provision of a local ordinance prior to requesting that |
12 | | the person
submit to the test or tests. The issuance of the |
13 | | Uniform Traffic Ticket
shall not constitute an arrest, but |
14 | | shall be for the purpose of notifying
the person that he or she |
15 | | is subject to the provisions of this Section and
of the |
16 | | officer's belief of the existence of probable cause to
arrest. |
17 | | Upon returning to this State, the officer shall file the |
18 | | Uniform
Traffic Ticket with the Circuit Clerk of the county |
19 | | where the offense was
committed, and shall seek the issuance of |
20 | | an arrest warrant or a summons
for the person. |
21 | | (a-5) (Blank). In addition to the requirements and |
22 | | provisions of subsection (a), any person issued a registry card |
23 | | under the Compassionate Use of Medical Cannabis Pilot Program |
24 | | Act who drives or is in actual physical control of a motor |
25 | | vehicle upon the public highways of this State shall be deemed |
26 | | to have given consent, subject to the provisions of Section |
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1 | | 11-501.2, to standardized field sobriety tests approved by the |
2 | | National Highway Traffic Safety Administration if arrested, as |
3 | | evidenced by the issuance of a Uniform Traffic Ticket, for any |
4 | | offense as defined in Section 11-501 or a similar provision of |
5 | | a local ordinance, or if arrested for violating Section 11-401. |
6 | | The person's status as a registry card holder alone is not a |
7 | | sufficient basis for conducting these tests. The officer must |
8 | | have an independent, cannabis-related factual basis giving |
9 | | reasonable suspicion that the person is driving under the |
10 | | influence of cannabis for conducting standardized field |
11 | | sobriety tests. This independent basis of suspicion shall be |
12 | | listed on the standardized field sobriety test results and any |
13 | | influence reports made by the arresting officer. |
14 | | (b) Any person who is dead, unconscious, or who is |
15 | | otherwise in a condition
rendering the person incapable of |
16 | | refusal, shall be deemed not to have
withdrawn the consent |
17 | | provided by paragraph (a) of this Section and the test or
tests |
18 | | may be administered, subject to the provisions of Section |
19 | | 11-501.2. |
20 | | (c) A person requested to submit to a test as provided |
21 | | above shall
be warned by the law enforcement officer requesting |
22 | | the test that a
refusal to submit to the test will result in |
23 | | the statutory summary
suspension of the person's privilege to |
24 | | operate a motor vehicle, as provided
in Section 6-208.1 of this |
25 | | Code, and will also result in the disqualification of the |
26 | | person's privilege to operate a commercial motor vehicle, as |
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1 | | provided in Section 6-514 of this Code, if the person is a CDL |
2 | | holder. The person shall also be warned that a refusal to |
3 | | submit to the test, when the person was involved in a motor |
4 | | vehicle accident that caused personal injury or death to |
5 | | another, will result in the statutory summary revocation of the |
6 | | person's privilege to operate a motor vehicle, as provided in |
7 | | Section 6-208.1, and will also result in the disqualification |
8 | | of the person's privilege to operate a commercial motor |
9 | | vehicle, as provided in Section 6-514 of this Code, if the |
10 | | person is a CDL holder. The person shall also be warned by the |
11 | | law
enforcement officer that if the person submits to the test |
12 | | or tests
provided in paragraph (a) of this Section and the |
13 | | alcohol concentration in
the person's blood or breath is 0.08 |
14 | | or greater, or any amount of
a
drug, substance, or compound |
15 | | resulting from the unlawful use or consumption
of cannabis as |
16 | | covered by the Cannabis Control Act, a controlled
substance
|
17 | | listed in the Illinois Controlled Substances Act, an |
18 | | intoxicating compound
listed in the Use of Intoxicating |
19 | | Compounds Act, or methamphetamine as listed in the |
20 | | Methamphetamine Control and Community Protection Act is |
21 | | detected in the person's
blood or urine, or if the person fails |
22 | | the standardized field sobriety tests as required by paragraph |
23 | | (a-5), a statutory summary suspension of the person's privilege |
24 | | to
operate a motor vehicle, as provided in Sections 6-208.1 and |
25 | | 11-501.1 of this
Code, and a disqualification of
the person's |
26 | | privilege to operate a commercial motor vehicle, as provided in |
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1 | | Section 6-514 of this Code, if the person is a CDL holder, will |
2 | | be imposed. |
3 | | A person who is under the age of 21 at the time the person |
4 | | is requested to
submit to a test as provided above shall, in |
5 | | addition to the warnings provided
for in this Section, be |
6 | | further warned by the law enforcement officer
requesting the |
7 | | test that if the person submits to the test or tests provided |
8 | | in
paragraph (a) or (a-5) of this Section and the alcohol |
9 | | concentration in the person's
blood or breath is greater than |
10 | | 0.00 and less than 0.08, a
suspension of the
person's privilege |
11 | | to operate a motor vehicle, as provided under Sections
6-208.2 |
12 | | and 11-501.8 of this Code, will be imposed. The results of this |
13 | | test
shall be admissible in a civil or criminal action or |
14 | | proceeding arising from an
arrest for an offense as defined in |
15 | | Section 11-501 of this Code or a similar
provision of a local |
16 | | ordinance or pursuant to Section 11-501.4 in prosecutions
for |
17 | | reckless homicide brought under the Criminal Code of 1961 or |
18 | | the Criminal Code of 2012. These test
results, however, shall |
19 | | be admissible only in actions or proceedings directly
related |
20 | | to the incident upon which the test request was made. |
21 | | (d) If the person refuses testing or submits to a test that |
22 | | discloses
an alcohol concentration of 0.08 or more, or any |
23 | | amount of a drug,
substance, or intoxicating compound in the |
24 | | person's breath, blood,
or urine resulting from the
unlawful |
25 | | use or consumption of cannabis listed in the Cannabis Control |
26 | | Act, a controlled substance listed in the Illinois Controlled |
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1 | | Substances
Act, an intoxicating compound listed in the Use of |
2 | | Intoxicating Compounds
Act, or methamphetamine as listed in the |
3 | | Methamphetamine Control and Community Protection Act, the law |
4 | | enforcement officer shall immediately submit a sworn report to
|
5 | | the
circuit court of venue and the Secretary of State, |
6 | | certifying that the test or
tests was or were requested under |
7 | | paragraph (a) or (a-5) and the person refused to
submit to a |
8 | | test, or tests, or submitted to testing that disclosed an |
9 | | alcohol
concentration of 0.08 or more. A sworn report |
10 | | indicating refusal or failure of testing under paragraph (a-5) |
11 | | of this Section shall include the factual basis of the |
12 | | arresting officer's reasonable suspicion that the person was |
13 | | under the influence of cannabis. The person's possession of a |
14 | | valid registry card under the Compassionate Use of Medical |
15 | | Cannabis Pilot Program Act alone is not sufficient basis for |
16 | | reasonable suspicion. |
17 | | (e) Upon receipt of the sworn report of a law enforcement |
18 | | officer
submitted under paragraph (d), the Secretary of State |
19 | | shall enter the
statutory summary suspension or revocation and |
20 | | disqualification for the periods specified in Sections
6-208.1 |
21 | | and 6-514, respectively,
and effective as provided in paragraph |
22 | | (g). |
23 | | If the person is a first offender as defined in Section |
24 | | 11-500 of this
Code, and is not convicted of a violation of |
25 | | Section 11-501
of this Code or a similar provision of a local |
26 | | ordinance, then reports
received by the Secretary of State |
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1 | | under this Section shall, except during
the actual time the |
2 | | Statutory Summary Suspension is in effect, be
privileged |
3 | | information and for use only by the courts, police officers,
|
4 | | prosecuting authorities or the Secretary of State, unless the |
5 | | person is a CDL holder, is operating a commercial motor vehicle |
6 | | or vehicle required to be placarded for hazardous materials, in |
7 | | which case the suspension shall not be privileged. Reports |
8 | | received by the Secretary of State under this Section shall |
9 | | also be made available to the parent or guardian of a person |
10 | | under the age of 18 years that holds an instruction permit or a |
11 | | graduated driver's license, regardless of whether the |
12 | | statutory summary suspension is in effect. A statutory summary |
13 | | revocation shall not be privileged information. |
14 | | (f) The law enforcement officer submitting the sworn report |
15 | | under paragraph
(d) shall serve immediate notice of the |
16 | | statutory summary suspension or revocation on the
person and |
17 | | the suspension or revocation and disqualification shall be |
18 | | effective as provided in paragraph (g). |
19 | | (1) In
cases where the blood alcohol concentration of |
20 | | 0.08 or greater or
any amount of
a drug, substance, or |
21 | | compound resulting from the unlawful use or consumption
of |
22 | | cannabis as covered by the Cannabis Control Act, a |
23 | | controlled
substance
listed in the Illinois Controlled |
24 | | Substances Act,
an intoxicating compound
listed in the Use |
25 | | of Intoxicating Compounds Act, or methamphetamine as |
26 | | listed in the Methamphetamine Control and Community |
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1 | | Protection Act is established by a
subsequent
analysis of |
2 | | blood or urine collected at the time of arrest, the |
3 | | arresting
officer or arresting agency shall give notice as |
4 | | provided in this Section or by
deposit in the United States |
5 | | mail of the notice in an envelope with postage
prepaid and |
6 | | addressed to the person at his address as shown on the |
7 | | Uniform
Traffic Ticket and the statutory summary |
8 | | suspension and disqualification shall begin as provided in
|
9 | | paragraph (g). The officer shall confiscate any Illinois |
10 | | driver's license or
permit on the person at the time of |
11 | | arrest. If the person has a valid driver's
license or |
12 | | permit, the officer shall issue the person a receipt, in
a |
13 | | form prescribed by the Secretary of State, that will allow |
14 | | that person
to drive during the periods provided for in |
15 | | paragraph (g). The officer
shall immediately forward the |
16 | | driver's license or permit to the circuit
court of venue |
17 | | along with the sworn report provided for in
paragraph (d). |
18 | | (2) (Blank). In cases indicating refusal or failure of |
19 | | testing under paragraph (a-5) of this Section the arresting |
20 | | officer or arresting agency shall give notice as provided |
21 | | in this Section or by deposit in the United States mail of |
22 | | the notice in an envelope with postage prepaid and |
23 | | addressed to the person at his or her address as shown on |
24 | | the Uniform Traffic Ticket and the statutory summary |
25 | | suspension and disqualification shall begin as provided in |
26 | | paragraph (g). This notice shall include the factual basis |
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1 | | of the arresting officer's reasonable suspicion that the |
2 | | person was under the influence of cannabis. The person's |
3 | | possession of a valid registry card under the Compassionate |
4 | | Use of Medical Cannabis Pilot Program Act alone is not |
5 | | sufficient basis for reasonable suspicion. |
6 | | (g) The statutory summary suspension or revocation and |
7 | | disqualification
referred to in this Section shall
take effect |
8 | | on the 46th day following the date the notice of the statutory
|
9 | | summary suspension or revocation was given to the person. |
10 | | (h) The following procedure shall apply
whenever a person |
11 | | is arrested for any offense as defined in Section 11-501
or a |
12 | | similar provision of a local ordinance: |
13 | | Upon receipt of the sworn report from the law enforcement |
14 | | officer,
the Secretary of State shall confirm the statutory |
15 | | summary suspension or revocation by
mailing a notice of the |
16 | | effective date of the suspension or revocation to the person |
17 | | and
the court of venue. The Secretary of State shall also mail |
18 | | notice of the effective date of the disqualification to the |
19 | | person. However, should the sworn report be defective by not
|
20 | | containing sufficient information or be completed in error, the
|
21 | | confirmation of the statutory summary suspension or revocation |
22 | | shall not be mailed to the
person or entered to the record; |
23 | | instead, the sworn report shall
be
forwarded to the court of |
24 | | venue with a copy returned to the issuing agency
identifying |
25 | | any defect. |
26 | | (i) As used in this Section, "personal injury" includes any |
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1 | | Type A injury as indicated on the traffic accident report |
2 | | completed by a law enforcement officer that requires immediate |
3 | | professional attention in either a doctor's office or a medical |
4 | | facility. A Type A injury includes severely bleeding wounds, |
5 | | distorted extremities, and injuries that require the injured |
6 | | party to be carried from the scene. |
7 | | (Source: P.A. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11; |
8 | | 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14.)
|
9 | | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
|
10 | | Sec. 11-501.2. Chemical and other tests.
|
11 | | (a) Upon the trial of any civil or criminal action or |
12 | | proceeding arising out
of an arrest for an offense as defined |
13 | | in Section 11-501 or a similar local
ordinance or proceedings |
14 | | pursuant to Section 2-118.1, evidence of the
concentration of |
15 | | alcohol, other drug or drugs, or intoxicating compound or
|
16 | | compounds, or any combination thereof in a person's blood
or |
17 | | breath at the time alleged, as determined by analysis of the |
18 | | person's blood,
urine, breath or other bodily substance, shall |
19 | | be admissible. Where such test
is made the following provisions |
20 | | shall apply:
|
21 | | 1. Chemical analyses of the person's blood, urine, |
22 | | breath or other bodily
substance to be considered valid |
23 | | under the provisions of this Section shall
have been |
24 | | performed according to standards promulgated by the |
25 | | Department of State Police
by
a licensed physician, |
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1 | | registered nurse, trained phlebotomist, licensed |
2 | | paramedic, or other individual
possessing a valid permit |
3 | | issued by that Department for
this purpose. The Director of |
4 | | State Police is authorized to approve satisfactory
|
5 | | techniques or methods, to ascertain the qualifications and |
6 | | competence of
individuals to conduct such analyses, to |
7 | | issue permits which shall be subject
to termination or |
8 | | revocation at the discretion of that Department and to
|
9 | | certify the accuracy of breath testing equipment. The |
10 | | Department
of
State Police shall prescribe regulations as |
11 | | necessary to
implement this
Section.
|
12 | | 2. When a person in this State shall submit to a blood |
13 | | test at the request
of a law enforcement officer under the |
14 | | provisions of Section 11-501.1, only a
physician |
15 | | authorized to practice medicine, a licensed physician |
16 | | assistant, a licensed advanced practice nurse, a |
17 | | registered nurse, trained
phlebotomist, or licensed |
18 | | paramedic, or other
qualified person approved by the |
19 | | Department of State Police may withdraw blood
for the |
20 | | purpose of determining the alcohol, drug, or alcohol and |
21 | | drug content
therein. This limitation shall not apply to |
22 | | the taking of breath or urine
specimens.
|
23 | | When a blood test of a person who has been taken to an |
24 | | adjoining state
for medical treatment is requested by an |
25 | | Illinois law enforcement officer,
the blood may be |
26 | | withdrawn only by a physician authorized to practice
|
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1 | | medicine in the adjoining state, a licensed physician |
2 | | assistant, a licensed advanced practice nurse, a |
3 | | registered nurse, a trained
phlebotomist acting under the |
4 | | direction of the physician, or licensed
paramedic. The law
|
5 | | enforcement officer requesting the test shall take custody |
6 | | of the blood
sample, and the blood sample shall be analyzed |
7 | | by a laboratory certified by the
Department of State Police |
8 | | for that purpose.
|
9 | | 3. The person tested may have a physician, or a |
10 | | qualified technician,
chemist, registered nurse, or other |
11 | | qualified person of their own choosing
administer a |
12 | | chemical test or tests in addition to any administered at |
13 | | the
direction of a law enforcement officer. The failure or |
14 | | inability to obtain
an additional test by a person shall |
15 | | not preclude the admission of evidence
relating to the test |
16 | | or tests taken at the direction of a law enforcement
|
17 | | officer.
|
18 | | 4. Upon the request of the person who shall submit to a |
19 | | chemical test
or tests at the request of a law enforcement |
20 | | officer, full information
concerning the test or tests |
21 | | shall be made available to the person or such
person's |
22 | | attorney.
|
23 | | 5. Alcohol concentration shall mean either grams of |
24 | | alcohol per 100
milliliters of blood or grams of alcohol |
25 | | per 210 liters of breath.
|
26 | | (a-5) Law enforcement officials may use standardized field |
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1 | | sobriety tests approved by the National Highway Traffic Safety |
2 | | Administration when conducting investigations of a violation |
3 | | of Section 11-501 or similar local ordinance by drivers |
4 | | suspected of driving under the influence of cannabis. The |
5 | | General Assembly finds that standardized field sobriety tests |
6 | | approved by the National Highway Traffic Safety Administration |
7 | | are divided attention tasks that are intended to determine if a |
8 | | person is under the influence of cannabis. The purpose of these |
9 | | tests is to determine the effect of the use of cannabis on a |
10 | | person's capacity to think and act with ordinary care and |
11 | | therefore operate a motor vehicle safely. Therefore, the |
12 | | results of these standardized field sobriety tests, |
13 | | appropriately administered, shall be admissible in the trial of |
14 | | any civil or criminal action or proceeding arising out of an |
15 | | arrest for a cannabis-related offense as defined in Section |
16 | | 11-501 or a similar local ordinance or proceedings under |
17 | | Section 2-118.1 or 2-118.2 . Where a test is made the following |
18 | | provisions shall apply: |
19 | | 1. The person tested may have a physician, or a |
20 | | qualified technician, chemist, registered nurse, or other |
21 | | qualified person of their own choosing administer a |
22 | | chemical test or tests in addition to the standardized |
23 | | field sobriety test or tests administered at the direction |
24 | | of a law enforcement officer. The failure or inability to |
25 | | obtain an additional test by a person does not preclude the |
26 | | admission of evidence relating to the test or tests taken |
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1 | | at the direction of a law enforcement officer. |
2 | | 2. Upon the request of the person who shall submit to a |
3 | | standardized field sobriety test or tests at the request of |
4 | | a law enforcement officer, full information concerning the |
5 | | test or tests shall be made available to the person or the |
6 | | person's attorney. |
7 | | 3. At the trial of any civil or criminal action or |
8 | | proceeding arising out of an arrest for an offense as |
9 | | defined in Section 11-501 or a similar local ordinance or |
10 | | proceedings under Section 2-118.1 or 2-118.2 in which the |
11 | | results of these standardized field sobriety tests are |
12 | | admitted, the cardholder may present and the trier of fact |
13 | | may consider evidence that the card holder lacked the |
14 | | physical capacity to perform the standardized field |
15 | | sobriety tests. |
16 | | (b) Upon the trial of any civil or criminal action or |
17 | | proceeding arising
out of acts alleged to have been committed |
18 | | by any person while driving or
in actual physical control of a |
19 | | vehicle while under the influence of alcohol,
the concentration |
20 | | of alcohol in the person's blood or breath at the time
alleged |
21 | | as shown by analysis of the person's blood, urine, breath, or |
22 | | other
bodily substance shall give rise to the following |
23 | | presumptions:
|
24 | | 1. If there was at that time an alcohol concentration |
25 | | of 0.05 or less,
it shall be presumed that the person was |
26 | | not under the influence of alcohol.
|
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1 | | 2. If there was at that time an alcohol concentration |
2 | | in excess of 0.05
but less than 0.08, such facts shall not |
3 | | give rise to any
presumption that
the person was or was not |
4 | | under the influence of alcohol, but such fact
may be |
5 | | considered with other competent evidence in determining |
6 | | whether the
person was under the influence of alcohol.
|
7 | | 3. If there was at that time an alcohol concentration |
8 | | of 0.08
or more,
it shall be presumed that the person was |
9 | | under the influence of alcohol.
|
10 | | 4. The foregoing provisions of this Section shall not |
11 | | be construed as
limiting the introduction of any other |
12 | | relevant evidence bearing upon the
question whether the |
13 | | person was under the influence of alcohol.
|
14 | | (c) 1. If a person under arrest refuses to submit to a |
15 | | chemical test
under
the provisions of Section 11-501.1, |
16 | | evidence of refusal shall be admissible
in any civil or |
17 | | criminal action or proceeding arising out of acts alleged
to |
18 | | have been committed while the person under the influence of |
19 | | alcohol,
other drug or drugs, or intoxicating compound or |
20 | | compounds, or
any combination thereof was driving or in actual |
21 | | physical
control of a motor vehicle.
|
22 | | 2. Notwithstanding any ability to refuse under this Code to |
23 | | submit to
these tests or any ability to revoke the implied |
24 | | consent to these tests, if a
law enforcement officer has |
25 | | probable cause to believe that a motor vehicle
driven by or in |
26 | | actual physical control of a person under the influence of
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1 | | alcohol, other drug or drugs, or intoxicating compound or
|
2 | | compounds,
or any combination thereof
has caused the death or
|
3 | | personal injury to another, the law enforcement officer shall |
4 | | request, and that person shall submit, upon the request of a |
5 | | law
enforcement officer, to a chemical test or tests of his or |
6 | | her blood, breath or
urine for the purpose of
determining the |
7 | | alcohol content thereof or the presence of any other drug or
|
8 | | combination of both.
|
9 | | This provision does not affect the applicability of or |
10 | | imposition of driver's
license sanctions under Section |
11 | | 11-501.1 of this Code.
|
12 | | 3. For purposes of this Section, a personal injury includes |
13 | | any Type A
injury as indicated on the traffic accident report |
14 | | completed by a law
enforcement officer that requires immediate |
15 | | professional attention in either a
doctor's office or a medical |
16 | | facility. A Type A injury includes severe
bleeding wounds, |
17 | | distorted extremities, and injuries that require the injured
|
18 | | party to be carried from the scene.
|
19 | | (d) If a person refuses standardized field sobriety tests |
20 | | under Section 11-501.9 of this Code, evidence of refusal shall |
21 | | be admissible in any civil or criminal action or proceeding |
22 | | arising out of acts committed while the person was driving or |
23 | | in actual physical control of a vehicle and alleged to have |
24 | | been impaired by the use of cannabis. |
25 | | (Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11; |
26 | | 97-813, eff. 7-13-12; 98-122, eff. 1-1-14; 98-973, eff. |
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1 | | 8-15-14.)
|
2 | | (625 ILCS 5/11-501.9 new) |
3 | | Sec. 11-501.9. Suspension of drivers license; medical |
4 | | cannabis card holder; failure or refusal of field sobriety |
5 | | tests; implied consent. |
6 | | (a) A person who has been issued a registry identification |
7 | | card under the Compassionate Use of Medical Cannabis Pilot |
8 | | Program Act who drives or is in actual physical control of a |
9 | | motor vehicle upon the public highways of this State shall be |
10 | | deemed to have given consent to standardized field sobriety |
11 | | tests approved by the National Highway Traffic Safety |
12 | | Administration, under subsection (a-5) of Section 11-501.2 of |
13 | | this Code, if detained by a law enforcement officer who has a |
14 | | reasonable suspicion that the person is driving or is in actual |
15 | | physical control of a motor vehicle while impaired by the use |
16 | | of cannabis. The law enforcement officer must have an |
17 | | independent, cannabis-related factual basis giving reasonable |
18 | | suspicion that the person is driving or in actual physical |
19 | | control of a motor vehicle while impaired by the use of |
20 | | cannabis for conducting standardized field sobriety tests, |
21 | | which shall be included with the results of the field sobriety |
22 | | tests in any report made by the law enforcement officer who |
23 | | requests the test. The person's possession of a registry |
24 | | identification card issued under the Compassionate Use of |
25 | | Medical Cannabis Pilot Program Act alone is not a sufficient |
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1 | | basis for reasonable suspicion. |
2 | | For purposes of this Section, a law enforcement officer of |
3 | | this State who is investigating a person for an offense under |
4 | | Section 11-501 of this Code may travel into an adjoining state |
5 | | where the person has been transported for medical care to |
6 | | complete an investigation and to request that the person submit |
7 | | to field sobriety tests under this Section. |
8 | | (b) A person who is unconscious or otherwise in a condition |
9 | | rendering the person incapable of refusal, shall be deemed to |
10 | | have withdrawn the consent provided by subsection (a) of this |
11 | | Section. |
12 | | (c) A person requested to submit to field sobriety tests as |
13 | | provided in this Section, shall be warned by the law |
14 | | enforcement officer requesting the field sobriety tests that a |
15 | | refusal to submit to the field sobriety tests will result in |
16 | | the suspension of the person's privilege to operate a motor |
17 | | vehicle, as provided in subsection (f) of this Section. The |
18 | | person shall also be warned by the law enforcement officer that |
19 | | if the person submits to field sobriety tests as provided in |
20 | | this Section which disclose the person is impaired by the use |
21 | | of cannabis, a suspension of the person's privilege to operate |
22 | | a motor vehicle as provided in subsection (f) of this Section, |
23 | | will be imposed. |
24 | | (d) The results of field sobriety tests administered under |
25 | | this Section shall be admissible in a civil or criminal action |
26 | | or proceeding arising from an arrest for an offense as defined |
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1 | | in Section 11-501 of this Code or a similar provision of a |
2 | | local ordinance. These test results shall be admissible only in |
3 | | actions or proceedings directly related to the incident upon |
4 | | which the test request was made. |
5 | | (e) If the person refuses field sobriety tests or submits |
6 | | to field sobriety tests that disclose the person is impaired by |
7 | | the use of cannabis, the law enforcement officer shall |
8 | | immediately submit a sworn report to the circuit court of venue |
9 | | and the Secretary of State certifying that testing was |
10 | | requested under this Section and that the person refused to |
11 | | submit to field sobriety tests or submitted to field sobriety |
12 | | tests that disclosed the person was impaired by the use of |
13 | | cannabis. The sworn report must include the law enforcement |
14 | | officer's factual basis for reasonable suspicion that the |
15 | | person was impaired by the use of cannabis. |
16 | | (f) Upon receipt of the sworn report of a law enforcement |
17 | | officer submitted under subsection (e) of this Section, the |
18 | | Secretary of State shall enter the suspension to the driving |
19 | | record as follows: |
20 | | (1) for refusal or failure to complete field sobriety |
21 | | tests, a 12 month suspension shall be entered; or |
22 | | (2) for submitting to field sobriety tests that |
23 | | disclosed the driver was impaired by the use of cannabis, a |
24 | | 6 month suspension shall be entered. |
25 | | The Secretary of State shall confirm the suspension by |
26 | | mailing a notice of the effective date of the suspension to the |
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1 | | person and the court of venue. However, should the sworn report |
2 | | be defective for insufficient information or be completed in |
3 | | error, the confirmation of the suspension shall not be mailed |
4 | | to the person or entered to the record; instead, the sworn |
5 | | report shall be forwarded to the court of venue with a copy |
6 | | returned to the issuing agency identifying the defect. |
7 | | (g) The law enforcement officer submitting the sworn report |
8 | | under subsection (e) of this Section shall serve immediate |
9 | | notice of the suspension on the person and the suspension shall |
10 | | be effective as provided in subsection (h) of this Section. If |
11 | | immediate notice of the suspension cannot be given, the |
12 | | arresting officer or arresting agency shall give notice by |
13 | | deposit in the United States mail of the notice in an envelope |
14 | | with postage prepaid and addressed to the person at his or her |
15 | | address as shown on the Uniform Traffic Ticket and the |
16 | | suspension shall begin as provided in subsection (h) of this |
17 | | Section. The officer shall confiscate any Illinois driver's |
18 | | license or permit on the person at the time of arrest. If the |
19 | | person has a valid driver's license or permit, the officer |
20 | | shall issue the person a receipt, in a form prescribed by the |
21 | | Secretary of State, that will allow the person to drive during |
22 | | the period provided for in subsection (h) of this Section. The |
23 | | officer shall immediately forward the driver's license or |
24 | | permit to the circuit court of venue along with the sworn |
25 | | report under subsection (e) of this Section. |
26 | | (h) The suspension under subsection (f) of this Section |
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1 | | shall take effect on the 46th day following the date the notice |
2 | | of the suspension was given to the person. |
3 | | (i) When a driving privilege has been suspended under this |
4 | | Section and the person is subsequently convicted of violating |
5 | | Section 11-501 of this Code, or a similar provision of a local |
6 | | ordinance, for the same incident, any period served on |
7 | | suspension under this Section shall be credited toward the |
8 | | minimum period of revocation of driving privileges imposed |
9 | | under Section 6-205 of this Code. |
10 | | Section 95. No acceleration or delay. Where this Act makes |
11 | | changes in a statute that is represented in this Act by text |
12 | | that is not yet or no longer in effect (for example, a Section |
13 | | represented by multiple versions), the use of that text does |
14 | | not accelerate or delay the taking effect of (i) the changes |
15 | | made by this Act or (ii) provisions derived from any other |
16 | | Public Act.
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17 | | Section 99. Effective date. This Act takes effect upon |
18 | | becoming law.".
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